Kuwait Court of Cassation principle number 3927

A guarantee of the debt of an insane person or a minor. Valid. The condition for this: the guarantor must know of the guaranteed person’s deficient capacity. The reason for this: the guarantee in this case is a gratuitous disposition in which donative intent must exist. - The acknowledgment containing nothing indicating the deficient capacity of the person acknowledging the debt. Failure to establish the guarantor’s knowledge of that person’s deficient capacity when signing the acknowledgment of guarantee. Its effect. The guarantor’s obligation is accessory to the obligation of the principal debtor.