Kuwait Court of Cassation principle number 1843

Assignment of a right intended to discharge a debt owed by the assignor. Payment in kind of the right assigned to him. Its effect: transfer of the assigned right from the patrimony of the debtor-assignor to the patrimony of the creditor-assignee in discharge of a prior obligation between them, and treatment of this as novation of the debt by changing its subject matter. - Novation of the debt by changing its subject matter. Its effect. Extinction of the original obligation and creation of a new obligation in its place. Transfer of the personal guarantee with it. Its condition. The guarantor's consent. A judgment's contravention thereof. Contravention of the law and an error in its application requiring cassation. Example.