Kuwait Court of Cassation principle number 1846

The Public Prosecution may seek a declaration of bankruptcy of a customer who ceases payment pursuant to the provisions of Law 41 of - 321 - Commercial 1993, and the provisions of the Commercial Law shall be followed in matters for which the first law contains no provision. - The Public Prosecution may seek a declaration of bankruptcy of a trader who has ceased paying his debts even after his death. This must occur within the two years following death. The reason therefor. So that the heirs do not remain uncertain about the fate of their decedent's estate for a long period, and so that its fate does not remain suspended for an unknown time. That period is a forfeiture period, not a limitation period. Its effect. Its expiry extinguishes the right to seek a declaration of bankruptcy. 6- The trial court's authority to declare bankruptcy:-