Kuwait Court of Cassation principle number 2271

The insurer's action for recourse against the responsible third party for the compensation it paid to the injured party: its basis. Statutory subrogation or assignment of the right. - Transfer of the right to the assignee with its attributes and accessories. Its consequence. The debtor may invoke against the assignee the defences specific to him and the defences which he could have invoked against the assignor, including the lapse period that expires. Thus, the assigned debtor may plead against the assignee extinguishment of the right by that period. - 439 - Obligation