Kuwait Court of Cassation principle number 3767

The creditor's mere failure to take the requisite measures against the debtor when the debt falls due, or his delay in - 650 - Civil Procedure taking them, does not discharge the guarantor. The nature of these measures. - When the guarantor may request discharge from the guarantee. His giving notice to the creditor to take the requisite measures within three months from the date of the notice, the creditor's failure to take them, and the debtor's failure to provide the guarantor with sufficient security. When the guarantor remains bound even after the principal obligation falls due. - The debtor's bankruptcy before the guaranteed debt falls due. The creditor must lodge his claim in the debtor's bankruptcy. The consequence of his failure to do so when seeking recourse against the guarantor. His right of recourse against him is forfeited to the extent of what he would have recovered had he lodged his claim in the debtor's bankruptcy.