Kuwait Court of Cassation principle number 2121

A creditor's recourse against the surety under a commercial suretyship. Does not require first making a demand against the debtor. Its import. He has the choice of making a demand against either of them or against both together. His recourse against one does not extinguish his right to make a demand against the other. Where there are multiple sureties. Whoever has paid may have recourse against the others for his share of the debt and his portion of the share of the insolvent among them, whether by a personal action or an action by subrogation. Articles 98, 99 of the Commercial Code, 768 of the Civil Code.