Kuwait Court of Cassation principle number 3025

The prescriptive period as between the principal and the representative. Does not run as long as the representation remains in existence. Rationale therefor. The representative’s possession of the principal’s property is precarious possession and for the principal’s own account. - Completion by the agent—or representative—of the performance of the agency or representation. Its effect. He must submit to the principal a detailed account supported by documents. This obligation does not lapse unless the principal clearly and expressly exempts him from it, or the nature of the transaction or the circumstances require this exemption. Burden of proving those circumstances. It rests upon the agent or representative. - 516 - Commercial - The judgment basing its ruling accepting the plea that the action may not be heard because more than ten years elapsed from the date of sale of the shares until the bringing of the action on denying the company’s agency for the appellant in selling the shares, notwithstanding the establishment of that representation, which necessarily entailed that the prescriptive period did not run pursuant to Article 446/1 of the Civil Code, and its continuation because it was not established that the company had submitted a statement of account supported by documents, the burden of proving which rested upon it, and its possession of his funds continued as precarious possession and for his account. An error in the application of the law requiring its cassation. - Interruption of prescription:-