Kuwait Court of Cassation principle number 2538

Interruption of the period prescribed for barring the hearing of an action. Its grounds. Articles 448, 449 of the Civil Code. - Interruption of the period prescribed for barring the hearing of an action. Its effect. Article 450 of the Civil Code. - Grounds for interrupting prescription. Are exhaustively enumerated. No other grounds may be relied upon to interrupt prescription unless the law provides otherwise. - 487 - Obligation - Interruption of the running of prescription in actions arising from a contract of carriage by sea. Its cases. Article 201 of the Maritime Commerce Law. - Towage and pilotage operations. Prescription of actions arising therefrom after one year from the date of completion of these operations. Article 222 of the Maritime Commerce Law. Their subjection to the grounds for interruption of prescription provided in the Civil Code. The rationale therefor. - The period prescribed for barring the hearing of an action. Does not run whenever an impediment exists that prevents the creditor from claiming his right, even if it is a moral impediment. The person relying on the moral impediment must provide evidence thereof. - Plea of prescription. Has effect only in respect of the person invoking it. The rationale therefor. Article 452/1 of the Civil Code. - A joint and several debtor’s plea of prescription in respect of another joint and several debtor to the extent of that debtor’s share. Its effect does not extend to other debtors who have not invoked it. Article 345 of the Civil Code.