Kuwait Court of Cassation principle number 287

Application of the provisions of the Commercial Code. Its criterion. That the contracting party is a merchant, so that the contracts he concludes are subject to the provisions of the Commercial Code, or that the act is commercial. The fact that the other party is not a merchant does not alter this. Articles 1, 12 of the Commercial Code. - A joint-stock company. Is considered a merchant whether or not the acts it carries out aim at profit. Article 13 of the Commercial Code. - Merchants’ obligations relating to their commercial activities. They become time-barred upon the lapse of ten years from the date the obligation falls due for performance. Article 118 of the Commercial Code. - Establishing the commercial nature of an act. A matter of fact falling within the authority of the trial court. The condition for this. Example.