Kuwait Court of Cassation principle number 2919

Application of the provisions of the Commercial Code. Its criterion. That the contracting party be a merchant, so that the contracts he concludes are subject to the provisions of the Commercial Code, or that the act be 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 activities it conducts aim at profit. Article 13 of the Commercial Code. - Merchants' obligations relating to their commercial activities. Are time-barred upon the lapse of ten years from the date performance of the obligation falls due. Article 118 of the Commercial Code.