Kuwait Court of Cassation principle number 2628

The general rule is that whoever receives something to which he is not entitled is obliged to return it. Entitlement. Its meaning. Not the recipient’s entitlement to the thing itself, but entitlement to receive it. The criterion for lack of entitlement. It is viewed from the recipient’s perspective, not the payer’s. - Receipt of what is not due. Its sufficiency to oblige the recipient to make restitution. The reason: his unjust enrichment at another’s expense by what he receives. - An action to recover what was paid without legal entitlement. It is barred after three years from the day on which the claimant learns of his right to recovery or after fifteen years from the day on which that right arises, whichever period expires first. Knowledge by which limitation begins. Its meaning. Actual knowledge. It is not established in respect of an injured person except from the date on which the elements of compensation and the identity of the person responsible for the damage are revealed to him. - Inferring the right-holder’s knowledge of recovery of what was paid without legal entitlement and of responsibility therefor, and determining the date of that knowledge. A factual matter within the exclusive competence of the trial judge. The condition thereof. An example.