Kuwait Court of Cassation principle number 2662

Laws relating to prescription. Their application from their entry into force. Its consequence. The old law governs the portion of the prescriptive period that ran under it, and the new law governs the portion that ran under it. - The period required to prevent an action from being heard through lapse of time. Fifteen years. - The defence that an action may not be heard through lapse of time. Its application to an ownership action where the property has been left for fifteen years and another has taken possession of it and denied the owner’s right. - The excuse preventing the running of the period prescribed for barring an action from being heard through lapse of time. Its nature. - An acknowledgment interrupting prescription within the meaning of Article 1674 of the Majalla of Judicial Provisions. Its condition. That it be issued by the opposing party and contain his acknowledgment that the right claimed remains presently owed by him. - Assessment of the impediment suspending prescription. A question of fact for the judge of merits. Its condition.