Kuwait Court of Cassation principle number 1618

The surety's obligation follows the original debtor's obligation in its validity and invalidity. The condition for the validity of the suretyship and the creation of an obligation on the surety to guarantee the secured obligation: that this latter obligation is itself valid. If the secured obligation is void or voidable, the surety's obligation is likewise void. If the surety guarantees an obligation of a person with diminished capacity and the suretyship is due to the latter's diminished capacity, as a precaution against the possibility that he may seek annulment of his obligation on this ground. The surety is obliged in this case to perform the secured obligation as an original debtor if the debtor's obligation is annulled. Assessment of whether it is established that the surety knew of the guaranteed debtor's diminished capacity and that the suretyship was due to that diminished capacity, or the negation thereof. For the trial court. Provided that it bases its ruling on sound reasons. Example. - See also: The Legal Principles Established by the Court of Cassation over Forty Years - Volume Nine - Commercial and Labor. - 309 - Obligation - The obligation to assume liability on behalf of another: