Kuwait Court of Cassation principle number 2541

The guarantor under Law 41 of 1993 concerning the State's purchase of certain debts and the manner of their collection. He is deemed equivalent to the customer and is subject to the rules laid down by its provisions, including his obligation to execute an authenticated acknowledgment of indebtedness and the managing bank's right to refer him, together with the debt, to the Public Prosecution if he refuses to sign this acknowledgment or breaches the obligations prescribed by this law. - A guarantee is contingent upon the debt constituting its subject matter. The implication thereof. It does not extend to other debts, even those of the same debtor. - Determining the extent of the guarantor's obligation. A matter of fact for the trial court through strict, non-expansive interpretation of the guarantee contract; in case of doubt, interpretation shall favour the guarantor. - Clear and apparent wording of an instrument or contract may not be departed from through interpretation to ascertain the intention of its makers. The reason therefor.