Kuwait Court of Cassation principle number 2001

Completion by the agent—or representative—of the performance of the agency or representation. Its effect. The obligation to submit a detailed account to the principal supported by documents. This obligation does not lapse unless the principal grants a clear and unequivocal exemption from it or the nature of the transaction or the circumstances require that exemption. The burden of proving those circumstances. It lies upon the agent or representative. - The judgment basing its ruling upholding the plea that the action should not be heard because more than ten years elapsed between the date of the sale of the shares and the institution of the action on denying the company's agency for the appellant in selling the shares, notwithstanding that such representation was established, which necessarily entailed that the limitation period did not run pursuant to Article 446/1 of the Civil Code and that it continued in the absence of proof that it had submitted a statement of account supported by documents, the burden of proving which lies upon it, and its possession of his funds continued as precarious possession on his behalf. An error in the application of the law requiring its cassation.