Kuwait Court of Cassation principle number 2916

Merchants’ obligations towards one another: their prescription. Its period is ten years. - In an assignment of a right, the right passes 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 defence of prescription, which that court saw no need to examine after concluding that the indebtedness had not been established. Appeal against this judgment. Its effect: that defence is before the appellate court so long as the appellant has not waived it. The appellate judgment’s failure to address it. Its effect: inadequate reasoning. - 498 - Commercial