Kuwait Court of Cassation principle number 2005

Liability for an unlawful act constituting a crime. The civil compensation action is not time-barred unless the criminal action is time-barred. The injured party’s choice of the civil route to claim compensation for damage arising from the crime rather than the criminal route. Effect thereof. Suspension of the running of limitation for that party for the period during which the criminal courts endure. Termination of the criminal action by a final judgment therein or termination of the trial for another reason. Resumption of the limitation period for the compensation action from that date. Contravention thereof. An error in the application of the law requiring cassation of the judgment. - Establishment that the judgment’s rejection of the plea that the compensation action is time-barred forms the basis for its proceeding to adjudicate the merits. Consequence thereof. Its cassation in this respect entails cassation of its ruling on the merits of compensation. Limitation of merchants’ obligations towards one another: