Kuwait Court of Cassation principle number 962

Recourse to the provisions of the general law where a special law exists - Its prerequisite. - 187 - Obligation - The misdemeanor of insult by publication. The criminal action and the compensation action arising from it must be brought within three months from the date of publication. The basis for this. Law 3 of 1961. The effect of this. The compensation action lapses if not brought within the stated period, unless compelling circumstances prevent its institution. - The rule that the criminal action stays the civil action has no effect on the nature of the time limit prescribed for bringing the compensation action, which is not subject to suspension whether or not the criminal action is brought. - The judgment’s ruling that the appellant’s right to claim compensation had lapsed because he had not brought the action within the statutory period provided in Article 33 of the Press and Publications Law, which is a forfeiture period. Its difference from the limitation period for an action for liability for an unlawful act, and its not treating the procedures for initiating the criminal action as compelling circumstances preventing institution of the compensation action. No defect.