Kuwait Court of Cassation principle number 2559

The debtor’s acknowledgment of the creditor’s right. Its effect. Interruption of prescription and commencement of a new limitation period running from the time the acknowledgment is made. What is meant thereby. The acknowledging party’s admission of a right owed by him to another and recognition of that right as established against him. Its consequence. Relieving the person in whose favour the acknowledgment is made from proving it. The acknowledgment may be express or implied, requires no special form, and any expression of intention indicating acknowledgment of the debt suffices to manifest it. Interruption of prescription. Its effect. The acknowledgment ceases to exist and the period that - 492 - Obligation has elapsed is deemed never to have existed and is disregarded in calculating the new limitation period. The rule is that this prescription remains identical in its duration and nature to the first prescription that was interrupted. - Establishing the existence or absence of the debtor’s acknowledgment as a cause interrupting prescription and establishing the event from which prescription begins. Matters of fact. The judge of fact independently determines them without review. The condition thereof. He is not required to follow the litigants through every aspect of their defences and respond to the grounds of defence they have raised.