Kuwait Court of Cassation principle number 286

A contract being commercial in relation to one party but not the other. Its effect. The provisions of the Commercial Code apply to the other contracting party's obligations arising from the contract unless a provision stipulates otherwise. Article 12 of the Commercial Code. This provision does not imply that its application excludes administrative contracts. The consequence thereof: the provisions of the Commercial Code apply to the administrative authority's obligations arising from an administrative contract whenever it is deemed commercial for the other party. - The presumption concerning a merchant's contracts and obligations is that they are commercial. - A judgment basing its ruling on the fact that the amount claimed arises from a contract for works, which is a commercial transaction, and that default interest may therefore be collected thereon. Correct.