Kuwait Court of Cassation principle number 1313

Suretyship: its nature. The general rule is that the surety acts gratuitously, not speculatively. A surety guaranteeing a debt regarded as commercial for the debtor. His obligation is commercial, like that of the principal debtor. The reason therefor. - Commercial suretyship. Joint and several suretyship among the sureties and with the debtor. Its effect. - The creditor bank granting banking facilities in the form of a loan to the debtor for use in his current account with the bank, secured by a third party’s suretyship. A commercial act. The suretyship therein is commercial. Its effect.