Kuwait Court of Cassation principle number 3063

Interruption of the prescribed period for barring the hearing of an action. Its grounds. Articles 448, 449 of the Civil Code. - Interruption of the prescribed period for barring the hearing of an action. Its effect. Article 450 of the Civil Code. - Grounds for interrupting limitation. Exhaustively enumerated. Other grounds may not be relied upon to interrupt limitation unless the law provides otherwise. - 521 - Commercial - Interruption of the running of limitation in actions arising from a contract of carriage by sea. Its cases. Article 201 of the Maritime Commercial Code. - Towage and pilotage operations. Actions arising therefrom are time-barred upon the lapse of one year from completion of these operations. Article 222 of the Maritime Commercial Code. Their subjection to the grounds for interruption of limitation stipulated in the Civil Code. The rationale therefor. - The prescribed period for barring the hearing of an action. It does not run whenever an impediment exists making it impossible for the creditor to claim his right, even if it is a moral impediment. The person invoking the moral impediment must furnish proof thereof. - The limitation defence. It produces its effect only in favour of the person invoking it. The rationale therefor. Article 452/1 of the Civil Code. - A jointly and severally liable debtor's plea of limitation in respect of another jointly and severally liable debtor to the extent of that debtor's share. Its effect does not extend to other debtors who have not invoked it. Article 345 of the Civil Code.