Kuwait Court of Cassation principle number 4544

The holder of mortgaged immovable property. Payment by that holder of the secured debt or part thereof to the mortgage creditor. Its effect. Subrogation to all that creditor's rights against the debtor to the extent of that payment. Such subrogation includes the mortgage over the holder's own property, so that the holder may validly be a mortgagee of their own property. - Mortgage creditors and holders of judicial security rights and immovable-property preferential rights. Their exemption from the rule prohibiting individual actions and proceedings after the declaration of the debtor's bankruptcy. The basis thereof. Their security interests protect their rights against the risk of bankruptcy and entitle them to execute against the debtor's assets, whether before or after the judgment declaring bankruptcy. - 896 - Ownership Preferential right: - See: Right "Preferential right" Restraint-on-disposal clause: