Kuwait Court of Cassation principle number 2017

The absence from the Riyadh Arab Agreement for Judicial Cooperation of a provision governing the lapse of judgments. Its effect. The necessity of applying Article 118 of the Commercial Code concerning the prescription of obligations arising from commercial acts and judgments rendered therein. Its implication. Merchants' obligations relating to their commercial activities are time-barred upon the lapse of ten years from the date on which performance of the obligation falls due. Final judgments rendered in those disputes lapse after ten years. Contravening this and applying the provisions of the Civil Code despite it being established that the obligation is commercial by nature. An error in applying the law requiring cassation of the judgment.