Kuwait Court of Cassation principle number 1571

Creation of a commercial instrument as a means of discharging a prior obligation results in the creation of a new obligation, namely the obligation under the instrument, alongside the ordinary obligation. The creditor has the option of proceeding against the debtor by an action on the instrument or an action on the original debt. Extinguishment of the action on the instrument by prescription. The original debt remains in existence, as does the action protecting it. The effect thereof. The creditor may proceed against the debtor by that action to collect his debt. The appealed judgment’s contravention of this and its basing its decision on prescription applicable to commercial instruments, despite the appellant’s reliance in her action on claiming performance of the original obligation. An error requiring its cassation.