Kuwait Court of Cassation principle number 261

Merchants’ obligations towards one another. Their limitation period. Its duration is ten years. - Assignment of a right transfers the right to the assignee with its attributes, accessories, securities and the defences to which it is subject. The consequences thereof. - The appellant’s reliance before the court of first instance on the limitation defence, which that court saw no need to examine after concluding that the indebtedness had not been established. Appeal against this judgment. Its effect: this defence becomes pending before the appellate court as long as the appellant has not waived it. The appellate judgment’s failure to address it. Its effect: deficiency.