Kuwait Court of Cassation principle number 2230

Merchants' obligations towards one another relating to their commercial activities. They are time-barred upon the lapse of ten years. Art. 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. Import thereof. - A plea of limitation. Its implication. The court must examine its legal conditions, including the period and any suspension or interruption affecting it. - Assessment of the existence of an impediment that suspends limitation. A matter of fact independently assessed by the court of merits. - Calculation of the limitation period when suspended. The correct rule in that regard.