Kuwait Court of Cassation principle number 2639

Limitation of an unjust enrichment action. What determines its commencement is the injured party's actual knowledge of his right to compensation. This is not established until the date of issuance of the final judgment of nullity. The assertion that the declaratory effect of a judgment invalidating the contract makes that invalidity retroactive to the date of conclusion of that contract so that limitation begins to run. Legally incorrect. The rationale thereof. Although this effect eliminates the contract as regards the obligations of its parties from its conclusion, this has no effect concerning the running of limitation for the enrichment action, which does not commence from the date of the injured party's actual knowledge.