Kuwait Court of Cassation principle number 3987

Suretyship. Its nature. The general rule is that the surety acts gratuitously, not speculatively. A surety guaranteeing a debt considered commercial in relation to the debtor. His obligation is commercial, like that of the person guaranteed. Reason therefor. - Commercial suretyship. A joint and several suretyship among the sureties and with the debtor. Its effect. - The creditor bank's granting banking facilities in the form of a loan to the debtor for use in his current account with the bank, guaranteed by a third party. A commercial act. The suretyship therein is commercial. Its effect.