Kuwait Court of Cassation principle number 2708

Performance by rendering the very thing due is the rule. The exception is the creditor’s consent to performance by something else. Its effect. The debtor may render it in performance, thereby discharging his debt. - The appellant’s tender to the respondent of a cheque for the advance payment of the property’s price, the latter’s refusal of it, and its deposit for his account with the Enforcement Department. The judgment’s failure to give effect to this and to consider it as discharging the appellant, requiring performance in cash contrary to Article 405 of the Civil Code. An error in the application of the law.