Kuwait Court of Cassation principle number 3623

The Public Prosecution may request a declaration of bankruptcy of a customer who ceases payment pursuant to Law 41 of 1993, and the provisions of the Commercial Law are followed in matters for which the first law contains no provision. - The Public Prosecution may request a declaration of bankruptcy of a merchant who has ceased paying his debts even after his death. This must occur within the 2 years following death. The reason therefor. So that the heirs do not remain uncertain about the fate of their deceased's estate for a long period, and so that its fate does not remain suspended for an unknown time. That period is a period of forfeiture, not limitation. The effect thereof. Its expiry extinguishes the right to request a declaration of bankruptcy.