Kuwait Court of Cassation principle number 2406

Creation of a commercial instrument as a means of discharging a pre-existing obligation results in a new obligation, namely the obligation under the instrument, alongside the ordinary obligation. The creditor may choose to proceed 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. The original debt remains outstanding, as does the action protecting it. Implication thereof. The creditor may bring that action against the debtor to recover his debt. The challenged judgment contravening this and basing its ruling on limitation applicable to the instrument, although the appellant maintained her claim under the original obligation. An error requiring its cassation. - 465 - Obligation