Kuwait Court of Cassation principle number 2233

The absence from the Riyadh Arab Agreement for Judicial Cooperation of a provision governing the lapse of judgments. Its effect. The provision of Article 118 of the Commercial Code must be applied in relation to limitation of obligations arising from commercial activities and judgments rendered in respect thereof. Its implication. Merchants' obligations relating to their commercial activities are time-barred upon the lapse of ten years from the date when performance of the obligation falls due. Final judgments rendered in those disputes lapse upon the passage of 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 the application of the law requiring cassation of the judgment.