Kuwait Court of Cassation principle number 1380

A litigant may join anyone who could properly have been made a party to the action when it was instituted, and may join a guarantor therein. Its implication. A claimant in warranty may request judgment in his favor against the original debtor for whatever may be adjudged against him himself. Article 86 of the Code of Procedure. - The insurance company may have recourse against the insured for the amount of compensation it has paid in two cases. What they are: breach of reasonable conditions or the existence of one of the cases provided for in Article (76) of the Implementing Regulations of the Traffic Law. - Subrogation of the payer to the creditor where the payer is obligated for the debt on behalf of the debtor or obligated to discharge it on his behalf. Statutory subrogation. - The insurer under compulsory motor accident insurance. It and the responsible third party are obligated for the same debt, although the source of each one’s obligation differs, and they are concurrently liable for its discharge. - The payer’s being obligated for the debt by virtue of the same source binding the other debtor, or the existence of a relationship between them. Neither is necessary for statutory subrogation. It is sufficient that he is obligated for the debt with the debtor or obligated to discharge it on his behalf. Article 394 of the Civil Code.