Kuwait Court of Cassation principle number 1575

The provision in Article 202 of the Civil Code for the transfer of obligations connected with property to a particular successor. Its scope of application is the predecessor's obligations connected with the property forming the subject matter of the contract in a manner making them determinants of that property—not those connected with the contracting party personally—such that they narrow the scope of, or delimit, its enjoyment; these are real obligations, or those limiting its use or imposing restrictions regulating its enjoyment. - Stipulation for the benefit of a third party. Its condition. The stipulator must stipulate with the promisor a direct right for the beneficiary. Establishment that the right stipulated was stipulated for the stipulator personally, but confers a benefit on a third party. It is not considered a stipulation for the benefit of a third party. - Establishment that the agreement between the appellant and the second respondent was in reality a stipulation by the appellant for the appellant's own benefit, intended to discharge the appellant's obligation toward the first respondent. Implication. The agreement, properly characterized, is a transfer by the appellant of the debt owed to the latter, who was not a party to that transfer. Effect. It is not effective against the latter so long as notification to, or approval by, the latter has not been established.