Kuwait Court of Cassation principle number 3177

Banking operations. Commercial acts, whether on the part of the bank or its customers. - A loan is a commercial act regardless of the borrower's capacity or the purpose for which the loan was allocated. - Suretyship. Its nature. The general rule is that the surety acts gratuitously, not speculatively. A surety guaranteeing a debt that is commercial in relation to the debtor. His obligation is commercial like that of the principal debtor. The rationale for this. - Commercial suretyship. Joint and several suretyship among the sureties and with the debtor. The effect thereof. - The creditor bank's granting of banking facilities in the form of a loan to the debtor for use in his current account with the bank, guaranteed by a third party. A commercial act. The suretyship therein is commercial. Its effect. - 620 - Loan