Kuwait Court of Cassation principle number 1627

The emergence of the obligation under the negotiable instrument alongside the original obligation results in the creation of the commercial instrument as a means of discharging a prior obligation. Its effect: the creditor has the choice of proceeding against the debtor by 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. The creditor may bring that action against the debtor to recover his debt. The creditor’s founding his action on the original obligation. Its effect: the debtor may defend it only by defenses derived from the relationship founded on that obligation. The reason therefor: the independence of the original obligation from the obligation under the instrument. - See also: The Legal Principles Established by the Court of Cassation over Forty Years - Volume Nine - Commercial and Labour. - Obligation of the voluntary intervener: