Kuwait Court of Cassation principle number 4471

Negotiable-instrument prescription rests on a presumption of payment of the debt, on the assumption that the creditor has received its entitlement from its debtor. The creditor may reinforce this presumption by a supplementary oath taken by the debtor that nothing of the debt remains owing by the debtor. - 823 - Procedure. If the debtor’s defence contradicts what the legislature assumed pursuant to this presumption, namely that it is incomplete evidence, such as denying the debt altogether or challenging it as void. The plea that the negotiable-instrument obligation has been extinguished by prescription is inadmissible. Example.