Kuwait Court of Cassation principle number 2018

Merchants’ obligations towards one another relating to their commercial activities. They become time-barred upon the lapse of ten years from the date performance of the obligation falls due. Its commencement is from the day the debt becomes due for payment. - Invoking one type of limitation before the trial court. It does not dispense with invoking another type thereof. Rationale therefor: each limitation period has its own conditions. And provisions. - The basis of the claim in the action arising from building contracting works. Those works are deemed commercial activities regardless of the capacity or intention of the person undertaking them. The obligations arising therefrom are deemed commercial obligations and are subject to the limitation period provided for in Article 118 of the Commercial Code. Example concerning the appellant’s failure to invoke the limitation period specific to commercial obligations applicable to the facts of the dispute.