Kuwait Court of Cassation principle number 1453

Assignment of a right. Its conclusion by mutual consent between the assignor and assignee without the need for the debtor’s consent. Its effectiveness against the debtor and third parties. The cases thereof. The debtor’s knowledge of the assignment through a means other than that prescribed by law. Insufficient to render the assignment effective against him, even if he acknowledges it or is notified of its execution by registered letter from the assignee or assignor. The reason for this. - 274 - Obligation - Effectiveness of the assignment of a right. Its effect. The assignee succeeds the assignor, in relation to the assigned debtor, in the same assigned right, in the condition in which it stands at the time of notification or acceptance of the assignment. Articles 364, 366 of the Civil Code. - Assignment of a right. The debtor’s acceptance of the assignment without reservation. Its effect. He may not invoke against the assignee a set-off between the debt owed to him by the creditor and the debt he owes to the latter. The reason for this. The assignee’s right attaches to the debt subject to the assignment. Notification of the assignment to the debtor without his acceptance. Does not prevent set-off from occurring so long as its conditions are fulfilled. Its effect. He may invoke it against the assignee. Article 431 of the Civil Code. Example.