Kuwait Court of Cassation principle number 2556

The prescribed period for non-hearing of an action. It is interrupted by a judicial demand, even if brought before a court lacking jurisdiction, or by service of the enforcement instrument, attachment, the creditor’s assertion of his right in bankruptcy or distribution proceedings, assertion of his right during the course of an action, or the debtor’s express or implied acknowledgment of the right. - 491 - Obligation - The creditor’s assertion of his right during the course of an action as a ground for interruption of limitation. Its condition: it must demonstrate his assertion of his right threatened with lapse, and therefore can only be effected by an incidental claim. Merely presenting a defence or plea or showing limitation. Its grounds are exhaustively enumerated. - Interruption of limitation. Its grounds are exhaustively enumerated. - Ascertaining and understanding the facts of the action, assessing the existence of the impediment suspending limitation, and ascertaining the event with which it begins. Within the authority of the court of merits. The condition thereof.