Kuwait Court of Cassation principle number 2468

The seller's obligation to warrant against interference with the purchaser. A perpetual obligation arising from the sale contract upon its conclusion, even if it is not registered. Transmission of this obligation to the seller's heirs insofar as their interference with the purchaser is based on their capacity as heirs. The seller's breach of this obligation. Its effect. His obligation to compensate. Lapse of this obligation upon the expiry of fifteen years from the time interference actually occurs. - A plea of prescription. Its necessary consequence. The court of merits must examine its legal conditions, including the period and any suspension or interruption affecting it. The period preceding suspension must be calculated after its cause ceases and added to the subsequent period. - The period prescribed for barring an action from being heard. It does not run against a person lacking legal capacity. The condition thereof: he must have no representative legally representing him. Its consequence. Suspension of prescription is not recognized in his favour, since the representative undertakes to claim on his behalf. - Suspension of prescription in favour of a person with diminished capacity. A personal cause relating to him. It does not extend to others with full capacity against whom prescription runs. The criterion thereof: the subject matter of the obligation must be divisible. Its indivisibility. Its effect. They benefit from the suspension of prescription prescribed in favour of the person with diminished capacity, so prescription is suspended for all of them. The reason thereof.