Kuwait Court of Cassation principle number 3952

Invalidity or voidability of the secured obligation. Its effect. The surety's obligation acquires the same character. Rationale therefor: the surety's obligation is accessory to the principal obligation as to validity and invalidity. Exception thereto: suretyship for the obligation of a person of diminished capacity by reason of that diminished capacity. - Establishing the surety's knowledge of the diminished capacity of the debtor whose obligation is secured and that the suretyship was given by reason of that diminished capacity, and negating the same. Within the exclusive determination of the trial court, provided it is reasonable. Example.