Kuwait Court of Cassation principle number 2571

Payments entered in a current account. They lose their characteristics and individuality and merge into an indivisible whole. Reason therefor. In application of the principle of the cohesion and indivisibility of the current account, they fuse in its crucible and mingle with one another, giving rise to a single debt, namely the balance debt. Effect thereof. The debt is not subject to the limitation period that governed it before entry into the account, but is subject to the limitation period prescribed for the balance arising from the current account contract, namely the limitation period under the general rules. The judgment’s departure from this. It vitiates it and requires its cassation.