KCC 1568/2009
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Lending & Security, General Contract Law, Limitation of Actions, Bankruptcy
Copyright
LexisNexis
Decision date
24 May 2011
Catchwords
Bankruptcy – Statute of Limitations – Contract – Debt
This case involved the state's right to claim a debt. The case had been filed three years after the bankruptcy ruling and the statute of limitations applied.
Background
A claimant filed a case against a defendant and requested the court to dismiss the implementation of contracts under reconciliation and the rulings which were established based on them.
The court ruled that the implementation of the contracts should be dismissed.
The defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling.
Decision
The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had violated the law because Kuwait Law No. 41/1993 did not stipulate that the state losses its right to claim the debt due to the statute of limitation or determined a certain deadline for filing the case.