Kuwait Court of Cassation principle number 2384

The creditor’s recourse against the guarantor under a commercial guarantee. It is not conditional upon first demanding payment from the debtor. Consequence thereof. He has the choice of demanding payment from either or both together. His recourse against one does not extinguish his right to demand payment from - 447 - Civil Procedure the other. Where there are multiple guarantors, the guarantor who pays may have recourse against the others for his share of the debt and his portion of the share of any insolvent guarantor, whether by a personal action or a subrogation action. Articles 98, 99, Commercial Code; Article 768, Civil Code. - Incidental action:-