Kuwait Court of Cassation principle number 2234

Merchants’ obligations towards one another relating to their commercial business. They are time-barred after ten years from the date performance of the obligation falls due. Its commencement is from the day the debt becomes payable. - Invoking one type of limitation before the court of merits. It does not dispense with invoking another type thereof. The rationale therefor: each limitation has its own conditions and rules. - The claim in the action being based on construction contracting works. Those works are regarded as commercial acts regardless of the capacity or intention of the person undertaking them. The obligations arising therefrom are regarded as commercial obligations and are subject to the limitation provided for in Article 118 of the Commercial Code. An example concerning the appellant’s failure to invoke the limitation specific to commercial obligations applicable to the facts of the dispute. - Five-year limitation: