Kuwait Court of Cassation principle number 675

The guarantor’s obligation follows the principal debtor’s obligation in its validity and invalidity. The condition for the validity of the guarantee and the creation - 135 - Procedure of an obligation upon the guarantor to guarantee the secured obligation: that this latter obligation be valid in itself. If the secured obligation is void or voidable, the guarantor’s obligation is in turn void. If the guarantor guarantees an obligation of a person of diminished capacity and the guarantee is given because of the latter’s diminished capacity, to guard against the possibility of his seeking avoidance of his obligation for that reason. In this case, the guarantor is obliged to perform the secured obligation as a principal debtor if the debtor’s obligation is avoided. Assessment of whether it is established that the guarantor knew of the guaranteed debtor’s diminished capacity and that the guarantee was given because of that diminished capacity, or the negation thereof. For the trial court. Provided that it bases its judgment on sound reasons. Example.