Kuwait Court of Cassation principle number 1821

Recourse by a third party who is not obliged to pay, for what he has paid on behalf of the debtor, by a personal action, whether based on management of another’s affairs without mandate or unjust enrichment. Its condition. The debtor must have derived some benefit from that payment. Its implication. The payment must be beneficial to the debtor. Establishment that the debtor is entitled to pay the debt in instalments. The payer may have recourse against him only to the extent of the benefit he derived from payment of the debt that had fallen due. - The appellant’s contention that she is obliged to pay her share of the loan granted to her and the respondent only in easy instalments, as she is among those entitled to housing welfare, and that the latter paid her share in a lump sum before it fell due without her knowledge or consent, and that he is entitled to recourse against her only for what has fallen due. Establishment that the appellant derived no benefit from the respondent’s payment of her entire share except for what had fallen due. The challenged judgment’s ordering her to pay her entire share. An error in applying the law necessitating its cassation.