Kuwait Court of Cassation principle number 2149

Creation of a commercial instrument as a means of discharging a prior obligation. Its implication. The negotiable-instrument obligation exists alongside the ordinary obligation. The creditor has the option 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 limitation. Its effect. The original debt and the action thereon remain. The creditor may pursue that action to recover his debt. This action may not be opposed with defenses other than those derived from that obligation. Reason therefor: an example concerning the respondent's claim being subject to ordinary limitation because he pursued the ordinary action rather than the negotiable-instrument obligation.