Kuwait Court of Cassation principle number 283

Considering a loan commercial. Its condition. Its purpose must be to spend the borrowed sums on commercial acts. What counts in this respect is the borrower's apparent intention at the time of the contract, not the ultimate use of the borrowed amount. - The debt in dispute arising from an interest-free loan upon which the common intention of the contracting parties concurred and whose purpose was not commercial. Its effect. Its subjection to the provisions of the Civil Code prohibiting an agreement on interest in return for the use of a sum of money or in return for delay in performance of the obligation. And the absolute nullity, pertaining to public policy, of every agreement to that effect. The judgment's contravention thereof. Vitiates it by contravention of the law and error in its application and requires its cassation.