Kuwait Court of Cassation principle number 2634

Laws relating to prescription. Their application, from the time they enter into force, to every uncompleted prescription period. The old law governs the portion of the prescription period that ran under it, in terms of determining the moment when it began, how it is calculated, and any grounds for interruption or suspension that affected it. - Barring the hearing of an action. The period required therefor is, as a general rule, fifteen years. - The plea that an action may not be heard owing to the passage of time. Its application to an ownership action. Its condition: the owner's abandonment of it for fifteen years while grounds for it exist, consisting of another person's taking possession of it and denying its owner's right. Article 1660 of the Majalla of Judicial Provisions. - The excuse preventing the hearing of an action owing to the passage of time. It is one of the excuses recognized by Sharia. Their nature. Excuses that do not reach that degree of hardship. They are not considered an excuse preventing the running of the limitation period. - 499 - Civil Procedure - Ascertaining an understanding of the facts in the action, assessing indications and documents, and ascertaining the event with which prescription begins. Within the authority of the court of merits. The condition thereof.