Kuwait Court of Cassation principle number 488

A contract being commercial for one of its parties but not the other. Its effect. The provisions of the Commercial Law apply to the other contracting party's obligations arising from the contract unless a provision stipulates otherwise. Article 12 of the Commercial Law. This provision does not imply that its application excludes administrative contracts. The implication: the provisions of the Commercial Law apply to the administrative authority's obligations arising from an administrative contract whenever it is considered commercial for the other party. - The general rule is that a merchant's contracts and obligations are commercial. - The judgment basing its ruling on the fact that the amount claimed arises from a contract for works, which is a commercial - 441 - Procedure. Transaction, and that default interest may therefore be collected on it. No error.