Kuwait Court of Cassation principle number 1780

Payment of a debt by cheque is conditional upon collection of the cheque’s value. - The general rule is that the endorser of a cheque guarantees to the endorsee and every subsequent holder the existence of the right evidenced by the cheque. Its payment on the maturity date. However, the endorser may stipulate his exemption from liability for payment of the cheque. No other person benefits from this stipulation. He may prove this condition by all means of proof. - The seller’s obligation to deliver the thing sold to the buyer. Includes his obligation to deliver the documents and instruments relating thereto. - The seller’s endorsement to the buyer of cheques securing the rent of the sold property, drawn by the lessee in favor of the seller. - 342 - Obligation The seller may be regarded as an endorser who does not guarantee payment of the value of these cheques, and the seller’s reliance on this. The judgment’s disregard of this defense. Deficiency.