Kuwait Court of Cassation principle number 1573

The emergence of the negotiable-instrument obligation alongside the original obligation results in the creation of the commercial paper as an instrument for discharging a prior obligation. The effect thereof: the creditor has the choice of recourse against the debtor through an action on the instrument or an action on the original debt. - Extinction of the action on the instrument by prescription does not preclude the subsistence of the original debt and the action protecting it. Permissibility of recourse - 300 - Obligation by the creditor through it against the debtor to recover his debt. The creditor’s founding his action on the original obligation. Its effect: the debtor may not resist it with defences other than those derived from the relationship founded on this obligation. The reason for this: the independence of the original obligation from the negotiable-instrument obligation.