Kuwait Court of Cassation principle number 3209

A current account subject to the rule of indivisibility. Its nature. Arranging the account so that the customer always remains the payer and the bank the recipient. It is considered an ordinary account, like an account based on a loan from the bank. Allowing the customer, after repaying some of what he borrowed, to withdraw from the account. It is considered a unilaterally overdrawn current account. The individual item entered in an ordinary account is connected to the transaction that gave rise to it. This transaction retains its identity and characteristics such that either party may exercise the rights relating to the transaction creating the debt despite its entry in the account. This differs from a current account, in which individual items lose their identity upon entering it. The exception. Where the payment is evidenced by a commercial instrument drawn up by the customer in favor of the bank with which the account is opened. Merely entering this instrument on the credit side does not prevent the bank from demanding its value from the customer on its maturity date. The customer may not invoke the instrument's entry into the account and its merger therein so long as he has not paid its value. Reason for this: the entry is provisional, subject to payment. - 629 - Settlement - Lease Settlement - See: Contract "Types of contracts: settlement contract". Lease Nature of the lease contract: