Kuwait Court of Cassation principle number 257

Summary: - Assignment of a right. Its nature. A contract between the assignor and another whereby the former assigns to the latter a right owed to him by his debtor. Its effectiveness against the debtor upon his acceptance thereof or notification thereof. Its effect. The debtor has only one creditor, namely the assignee. Its implication. Payment may not be made to the assignor, who may not dispose of the right a second time. Example. Rule: It is established in this Court’s jurisprudence that assignment of a right is a contract between the assignor and another, whereby the former assigns to the latter a right owed to him by a debtor. The assignment becomes effective against the debtor upon his acceptance thereof or notification thereof. From the time it becomes effective, the debtor has only one creditor, namely the assignee; thus, payment may not be made to the assignor, who may not dispose of the right a second time. Accordingly, as the respondent served the statement of claim on the appellant on 10/11/2010, and that statement included a demand for KWD 18338,300 pursuant to a discharge and assignment of a right from Al-Ahlia Electrical Panels Company, service of the statement is subsequent to notification to the appellant company of the assignment of the right, and thereby the assignment becomes effective against it from that date and establishes her standing to make the claim. The ground of challenge is therefore unfounded.