Kuwait Court of Cassation principle number 4007

The surety's obligation follows that of the principal debtor in its validity and invalidity. The condition for the validity of suretyship and the creation of an obligation on the surety to guarantee the secured obligation: that the latter obligation itself be valid. If the guaranteed obligation is void or voidable, the surety's obligation is likewise void. If the surety guarantees an obligation of a person with diminished capacity and the suretyship is due to the latter's diminished capacity, in anticipation of the possibility that he may seek annulment of his obligation for that reason. The surety is obliged in this case to perform the guaranteed obligation as a principal debtor if the debtor's obligation is annulled. Assessing whether it is established that the surety knew of the guaranteed debtor's diminished capacity and that the suretyship was due to that diminished capacity, or negating this. A matter for the court of merits, provided it bases its judgment on sound reasons. An example.