Kuwait Court of Cassation principle number 2772

The guarantor under Law 41 of 1993 concerning the State's Purchase of Certain Debts and the Manner of Their Collection. He is deemed to have the status of the customer and is subject to the rules established by its provisions, including his obligation to execute the notarized acknowledgment of indebtedness and the managing bank's right to refer him, together with the debt, to the Public Prosecution if he refuses to sign - 512 - Obligation this acknowledgment or breaches the obligations stipulated in this Law. - The guarantee is dependent upon the debt that is its subject. Implication thereof. It does not extend to other debts, even if owed by the same debtor. - Determining the extent of the guarantor's obligation. A factual matter for the court of merits, through interpreting the guarantee contract narrowly, without expansion, and, in case of doubt, interpretation shall favor the guarantor. - The clear and apparent wording of an instrument or contract may not be departed from by interpreting it to ascertain the intention of its authors. Rationale therefor.