Kuwait Court of Cassation principle number 301

Summary: - Transfer of debt. Its effect: transferring the debt from the liability of the original debtor to that of the transferee. The consequence thereof: payment is made by someone other than the debtor. An example of a judgment correctly characterizing the relationship between the parties to the litigation and the Credit and Savings Bank as a transfer of debt ineffective against the Bank but effective between its parties, requiring the transferee to make payment. Rule: The import of Article 377 and the following articles of the Civil Code is that a transfer of debt transfers the debt from the liability of the original debtor to that of the transferee; that is, in this transfer, payment is made by someone other than the debtor. That being so, the challenged judgment correctly concluded that the relationship between the parties to the litigation and the Credit and Savings Bank was to be characterized as a transfer of debt in which the original debtors (the respondents) and the transferee (the appellant) agreed that the latter would undertake payment of the Bank’s debt as part of the price of the property sold. Although that transfer is ineffective against the Bank, it is effective between its parties and requires the transferee to pay the debt. Although those grounds of the challenged judgment differed from the conclusion reached by the judgment under appeal, the two agreed in their result. Accordingly, the appellant’s complaint that the judgment under appeal contravened Articles 195 and 197 of the Civil Code addresses no holding of the challenged judgment and is therefore inadmissible.