Kuwait Court of Cassation principle number 1485

Transfer of debt. Its nature. An agreement to transfer the debt from the patrimony of the original debtor to the patrimony of a new debtor, whereby the former is discharged whenever the latter approves it or is a party to it. The latter may assert against the transferee creditor defences relating to the transferred debt itself, as well as those derived from the transfer contract. - The law's absence of a provision authorizing the assuming debtor to assert against the transferee creditor defences derived from his relationship with the original debtor. Its meaning. The legislature regards the assuming debtor's obligation toward the creditor as an abstract obligation, and the transfer as a legal act independent of its cause, namely the legal relationship between the transferor and the assuming debtor.