Kuwait Court of Cassation principle number 3389

The provision of Article 110 of the Commercial Code. Its import. - The meaning of the amount constituting the subject matter of the obligation being ascertainable is that its determination is not subject to the absolute discretion of the judiciary, the debt being founded on fixed bases agreed by the parties or prescribed by law. It is - 569 - Commercial ascertainable in amount when it arises even if the debtor disputes its amount. The challenged judgment's departure from this view and its rejection of the appellant's request for entitlement to interest from the date of judicial demand despite the debt constituting the subject matter of the obligation being ascertainable in amount when it arose. This vitiates it and requires its partial cassation. Usury