Kuwait Court of Cassation principle number 1575

Limitation concerning negotiable instruments. Its basis in a presumption of payment of the debt, that is, the assumption that the creditor has obtained satisfaction of his claim from his debtor. This presumption constitutes incomplete evidence. It must be reinforced by a supplementary oath sworn by the debtor that he owes nothing of the debt. The consequence: where the debtor's defense contradicts what the legislature presumed under this presumption, such as denying the debt or challenging its validity for any reason inconsistent with payment having occurred. Its effect. Inadmissibility of the defense that the obligation under the negotiable instrument has expired by limitation. Article 550 of the Commercial Code. - The heirs' denial of the debt at issue in the action by alleging that the female creditor retained the deceased's checkbooks and fabricated the check. Their request to refer the action for evidentiary investigation to establish the debt. Its effect. They may not invoke the lapse of the right to claim the debt pursuant to Article 550 of the Commercial Code. Contravention thereof. An error requiring cassation of the judgment.