Kuwait Court of Cassation principle number 1470

The provision in Article 202 of the Civil Code for transfer of obligations connected with property to the particular successor. Its scope of application is the predecessor's obligations connected with the property forming the subject matter of the contract in a manner making them determinants thereof - - 278 - Obligation rather than those connected with the person of the contracting party - such that they restrict the scope of, or delimit, enjoyment thereof, namely obligations in rem or those limiting its use or imposing restrictions regulating enjoyment thereof. - Establishment that the agreement between the appellant and the second respondent is in reality a stipulation by the appellant for his own benefit, intended to discharge his obligation toward the first respondent. Its consequence. The agreement, correctly characterized, is a transfer by the appellant of the debt he owes to the latter, who was not a party to that transfer. Its effect. It is not effective against him so long as it is not established that he was notified of it or approved it. Transfer of debt: