Kuwait Court of Cassation principle number 1746

The prescription period between the principal and the representative. It does not run as long as the representation subsists. The reason therefor. The representative’s possession of the principal’s property is precarious possession and for the principal’s own account. - Completion by the agent—or representative—of performance of the agency or representation. Its effect. He must submit a detailed account to the principal supported by documents. This obligation does not lapse unless the principal clearly and unequivocally exempts him from it, or the nature of the transaction or the circumstances require that exemption. The burden of proving those circumstances. It rests upon the agent or representative. - The judgment’s basing its acceptance of the plea that the action is not to be heard because more than ten years had elapsed from the sale of the shares until the action was brought on denying the company’s agency for the appellant in selling the shares, despite that representation having been established, which necessarily entailed that the prescription period did not run pursuant to Article 446/1 of the Civil Code, and its continuation because it was not established that the company had submitted a statement of account supported by documents, the burden of proving which rests upon it - 333 - Obligation and its possession of his funds remained precarious possession for his account. An error in applying the law requiring its cassation.