Kuwait Court of Cassation principle number 2015

Traders' obligations towards one another relating to their commercial activities. Time-barred upon the lapse of 10 years. Article 118/1 of the Commercial Code. - The period prescribed for barring the hearing of an action does not run whenever an impediment exists that makes it impossible for the creditor to claim his right, even if the impediment is moral. The import thereof. - The limitation defence. Its implication. The court must examine its legal conditions, including the period and any suspension or interruption affecting it. - 383 - Obligation - Assessment of the existence of an impediment suspending limitation. A matter of fact assessed independently by the court of merits. - Calculation of the limitation period when suspended. The correct rule concerning it.