Kuwait Court of Cassation principle number 2374

The absence from the Riyadh Arab Agreement for Judicial Cooperation of a provision governing the lapse of judgments. Its effect. The necessity of applying Article 118 of the Commercial Code concerning the prescription of obligations arising from commercial transactions and judgments rendered therein. Its implication. Merchants’ obligations relating to their commercial transactions are time-barred upon the lapse of 10 years from the date performance of the obligation falls due. Final judgments rendered in those disputes lapse after 10 years. Contravening this and applying the provisions of the Civil Code despite the obligation being established as commercial by nature. An error in the application of the law requiring cassation of the judgment. The effect of rendering the judgment.