Kuwait Court of Cassation principle number 3240

Recourse by a third party who was not obliged to pay, for what that party paid on behalf of the debtor, by a personal action, whether based on management of another's affairs without mandate or unjust enrichment. Its condition. The debtor must have derived some benefit from that payment. Its implication. The payment must be beneficial to the debtor. Establishment of the debtor's right to pay the debt in installments. The payer may have recourse against the debtor only to the extent of the benefit derived from payment of the portion of the debt that had fallen due. - The female appellant's contention that she is obliged to pay her share of the loan granted to her and the respondent only in easy installments, as she is among those entitled to housing welfare, and that the latter paid her share in a lump sum before it fell due without her knowledge or consent, and that he may have recourse against her only for what had fallen due. Establishment that the female appellant derived no benefit from the respondent's payment of her entire share except for what had fallen due. The challenged judgment ordering her to pay her entire share. An error in the application of the law requiring its cassation.