Kuwait Court of Cassation principle number 1326

Application of the provisions of the Commercial Law. Its criterion. That the contracting party be a merchant, so that the contracts he concludes are subject to the provisions of the Commercial Law, or that the act be commercial. This is not altered by the other party not being a merchant. Articles 1 and 12 of the Commercial Law. - A joint-stock company. Deemed a merchant whether or not its activities aim at profit. Article 13 of the Commercial Law. - Obligations of commerce relating to their commercial activities. Time-barred upon the lapse of 10 years from the date performance of the obligation falls due. Article 118 of the Commercial Law. - Ascertainment of the commercial nature of an act. A matter of fact within the authority of the court of merits. The condition therefor. An example.