Kuwait Court of Cassation principle number 616

Nullity or voidability of the guaranteed obligation. Effect thereof. The guarantor’s obligation acquires the same character. Reason: the guarantor’s obligation is accessory to the principal obligation as to validity and nullity. Exception: guaranteeing the obligation of a person of diminished capacity because of that diminished capacity. - Establishing the guarantor’s knowledge of the guaranteed debtor’s diminished capacity and that the guarantee was given because of the diminished capacity, and negating this. - 123 - Procedure This is within the trial court’s exclusive purview, provided its conclusion is reasonable. Example.