Kuwait Court of Cassation principle number 2407

Creation of a commercial instrument as a means of discharging a prior obligation entails the creation of a new obligation, namely the negotiable-instrument obligation, alongside the original obligation. Effect thereof: the creditor has the option of proceeding against the debtor by a negotiable-instrument action or by an action on the original debt. Extinction of the negotiable-instrument action by prescription. The original debt remains subsisting, as does the action protecting it. The creditor may bring it against the debtor to recover his debt. The creditor's basing his action on the original obligation. The debtor may not oppose it with defences other than those derived from the relationship founded on that obligation. Reason therefor: the independence of the original obligation from the negotiable-instrument obligation. The challenged judgment's contravention of this view. It must be set aside. Example.