Kuwait Court of Cassation principle number 2408

Limitation of negotiable instruments rests on a presumption of payment of the debt, on the assumption that the creditor has received satisfaction from the debtor. The creditor may reinforce this presumption by a supplementary oath taken by the debtor that no part of the debt remains owed. If the debtor’s defence contradicts what the legislature assumed under this presumption as incomplete evidence, such as denying the debt altogether or challenging it as void, the plea that the negotiable-instrument obligation has been extinguished by limitation is inadmissible. Example.