Kuwait Court of Cassation principle number 2791

Transfer of debt. Its nature. An agreement to transfer the debt from the liability of the original debtor to that of a new debtor, whereby the former is discharged once the latter approves it or is a party thereto. The latter may invoke against the creditor the defenses relating to the transferred debt itself as well as those derived from the transfer contract. - Absence from the law of a provision authorizing the transferee debtor to invoke against the creditor defenses derived from the relationship connecting him to the original debtor. Its import. The legislature regards the transferee debtor’s obligation towards the creditor as an abstract obligation, and the transfer as a legal disposition independent of its cause, namely the legal relationship between the transferor and the transferee debtor.