Kuwait Court of Cassation principle number 3981

The surety’s joint and several liability with the debtor. Its effect. The creditor may demand the debt from the surety alone. The surety may not resist the demand by requiring prior recourse against the debtor or exhaustion of his assets. - Multiple sureties jointly and severally liable among themselves and with the debtor. Its effect. The surety who paid the debt may have recourse against each of the others for his share of the debt and his share of the insolvent surety’s portion, by a subrogation action or a personal action. His payment of a portion of the debt equivalent to his share. Its implication. He has no recourse for what he paid. The judgment’s contravention thereof. An error in the application of the law. Necessitating its cassation. - 779 - Suretyship