Kuwait Court of Cassation principle number 4001

The absence of a special provision in Book Two of the Commercial Law concerning discharge of the surety. Its import. The general provisions on obligations in the Civil Code apply to him. The reason therefor. - The creditor's failure or delay in pursuing the principal debtor when the guaranteed debt falls due. The surety may formally notify him to take the legally required measures against the debtor. The creditor's failure to take these measures. Its effect. Termination of the suretyship contract and discharge of the surety from the suretyship. The nature of those measures. Art. 757/2, Civil Code. - The term surety in Article 757 of the Civil Code is general and unqualified. Its import. It includes both joint and several sureties and non-joint and several sureties. Restricting it to a non-joint and several surety. Impermissible. The reason therefor. - A surety under a commercial suretyship has the same status as a joint and several surety.