Kuwait Court of Cassation principle number 857

A creditor's release of his debtor. The obligation is extinguished thereby. The condition therefor. That the creditor have acquired the right subject to the release and that it have vested in him. The reason therefor: the impermissibility of waiving a right before acquiring it. - The heirs' claim for compensation for the death of their predecessor as a result of the harmful act. It is inconceivable in fact or in law before payment occurs, considering that it is the basis of entitlement thereto. Its import: the predecessor's declaration waiving his right to compensation has no effect on the heirs' entitlement thereto. The reason therefor: death itself is the event creating this right, in addition to the existence of the heirs' right to compensation for the direct personal harm they suffered. Proof of the right: