Kuwait Court of Cassation principle number 1491

A transfer of debt is an agreement to transfer the debt from the liability of the original debtor to that of a debtor who replaces him, whereby the original debtor is discharged. How this agreement is concluded. The expression of intent regarding the formation or approval of the transfer must unequivocally indicate the definitive discharge of the original debtor. The creditor's mere acceptance of an undertaking offered by a third party to pay the debt. It is insufficient to transfer the debt from the liability of the original debtor to that of the third party. An example of a judgment inferring the conversion of the appellant's capacity from surety to principal debtor contrary to what is established in the papers, requiring its cassation. Effect of the transfer: