Kuwait Court of Cassation principle number 676

The surety’s obligation follows the principal debtor’s obligation in its validity and nullity. The condition for the validity of the suretyship and the creation of an obligation on the surety to guarantee the secured obligation: that the latter obligation is itself valid. If the secured obligation is void or voidable, the surety’s obligation is in turn void. If the surety guarantees an obligation of a person with diminished capacity and the suretyship is given because of the latter’s diminished capacity, to guard against the possibility that he may request avoidance of his obligation for that reason. In this case, the surety is bound to perform the secured obligation as a principal debtor if the debtor’s obligation is avoided. Assessment of whether it is established or disproved that the surety knew of the guaranteed debtor’s diminished capacity and that the suretyship was given because of that diminished capacity. For the trial court. Provided that it bases its judgment on sound grounds. Example.