Kuwait Court of Cassation principle number 3192

A right subject to a term. A fully existing right whose enforceability ensues upon expiry of the term. The implication: an obligation subject to a term that has not yet expired is not due for performance unless the person for whose benefit the term was stipulated waives it. - The judgment's ordering the female appellant to pay half the loan amount on the ground that she had not submitted evidence of repayment either to the respondent or to the bank, which stated that the loan was being deducted from the respondent's account. This does not constitute a proper response to the appellant's defence that the loan is repayable in instalments not yet due and that the respondent had not repaid the loan amount. It vitiates the judgment by contravention of the law and deficient reasoning and requires its cassation.