Kuwait Court of Cassation principle number 161

Entitlement to default interest, whether statutory or contractual. Its criterion. That the debt which the debtor delayed paying arises from a commercial obligation or activity. Absence thereof. Its effect. Prohibition on claiming interest on it because it constitutes prohibited usury. Contravention thereof. Its effect. Absolute nullity relating to public order, which any interested person may invoke at any stage of the action, and which the court may declare of its own motion. Example concerning a claim based on Article 264 of the Civil Code following the nullity of the contract. - 37 - Commercial