Kuwait Court of Cassation principle number 3968

The creditor’s causing, through his fault, the loss of securities to which the surety is entitled to be subrogated and on which he relied in guaranteeing the debtor. Its effect. The surety, whether jointly and severally liable or not, may invoke his discharge to the extent of the security lost. The scope thereof. - The defense of loss of securities. Its restriction to what the creditor actually obtained and subsequently lost; it does not encompass what he did not acquire. An example.