Kuwait Court of Cassation principle number 2082

Receipt of what is not due. It suffices to impose an obligation of restitution upon the recipient, on the basis that he is unjustly enriched at another’s expense by what he received. Whether something is not due is determined from the recipient’s perspective, not the payer’s; it is thereafter immaterial whether the absence of entitlement stems from the factual situation itself, such as the recipient collecting a debt not owed to him or more than he is entitled to, or arises from a legal consideration. - An action to recover what was paid without right. It is time-barred upon the lapse of three years from the day on which the claimant learns in restitution, or upon the lapse of fifteen years from the day on which this right arises, whichever period is earlier. Contravention of that. An error requiring cassation of the judgment. - Third-party opposition action:-