Kuwait Court of Cassation principle number 2558

Prescription is interrupted only by a judicial claim, formal notice, or attachment. A demand for payment preceding a payment order. Does not interrupt prescription. The formal notice that interrupts prescription: that which the legislature requires to include service on the debtor of the enforcement instrument together with a demand that he pay the debt. - A judgment dismissing the action. Its effect. Removal of its effect in interrupting prescription, treating it as though it had not occurred, and continuation of the prescription that had begun before it was brought. - Filing a petition for a payment order produces the effects of a judicial claim. Issuance of the judge’s decision of rejection in the form of declining to issue the order. Its effect. Termination of those effects. - A ruling invalidating the statement of claim. Its effect: annulment of all subsequent procedures and removal of all effects resulting from its filing, including interruption of prescription. - Inferring the existence or absence of the debtor’s acknowledgment of the debt as a ground interrupting prescription. A matter of fact independently determined by the trial judge. The condition thereof.