Kuwait Court of Cassation principle number 2409

Limitation applicable to negotiable instruments. Its basis in the presumption of payment of the debt, namely the assumption that the creditor has received satisfaction of his right from his debtor. This presumption is regarded as incomplete evidence. It must be reinforced by a supplementary oath sworn by the debtor that no part of the debt remains owing by him. The consequence thereof: contradiction between the debtor's defence and what the legislature has presumed under this presumption, such as denying the debt or challenging it as invalid for any reason inconsistent with payment having occurred. Its effect. Inadmissibility of the plea that the negotiable-instrument obligation has been extinguished by limitation. Article 550 of the Commercial Code. - The heirs' denial of the debt forming the subject matter of the action by alleging that the female creditor retained the deceased's cheque books and fabricated the cheque. Their request to refer the action for evidentiary investigation to establish the debt. Its effect. They may not invoke the lapse of the right to claim the debt pursuant to Article 550 of the Commercial Code. Contravention thereof. An error requiring cassation of the judgment. Sharia rights not being subject to limitation: