Kuwait Court of Cassation principle number 1842

Inferring the state of cessation of payments that justifies a declaration of bankruptcy. Within the authority of the court of fact. The condition therefor. - Cessation of payments by a customer subject to the provisions of Law 41 of 1993 in accordance with its provisions. The Public Prosecution may request a declaration of the customer’s bankruptcy. Article 14. - The customer for the purposes of applying Law 41 of 1993. The meaning thereof. Article 1. The debtor’s subjection to the provisions of the said law and cessation of payments through refusal to pay. Sufficient for a declaration of bankruptcy. There is no room to require that the debtor be a merchant who has ceased paying debts in accordance with the bankruptcy declaration provisions of the Commercial Law. The rationale thereof. The special law restricts the general law. - The appellant’s subjection to Law 41 of 1993 and failure to fulfil obligations pursuant to its provisions. Its effect. The debt becomes due, and the appellant is obligated to pay it, its accessories, and whatever portion thereof had been waived, up to the date of payment. Permissibility of a judgment declaring the appellant bankrupt. This is not altered by the appellant’s keenness to settle the financial position with the State so long as the remainder of the indebtedness purchased for its account has not been paid and the state of cessation of payments has not ended.