Kuwait Court of Cassation principle number 1841

Novation is a contract in which it is agreed to extinguish a previous obligation and replace it with a new obligation differing from the first in its parties, subject matter, or cause. - Novation is not presumed but must be express. That from which novation cannot be inferred. - Ascertaining the facts and inferring the intention to novate and replace the debt. Within the authority of the court of merits.