Kuwait Court of Cassation principle number 269

Banking activities. Commercial activities, whether from the bank's perspective or that of its customers. - Loans. A commercial activity regardless of the borrower's capacity or the purpose for which the loan is allocated. - Suretyship: its nature. The general rule is that the surety acts gratuitously, not as a speculator. A surety guaranteeing a debt considered commercial for the debtor. His obligation is commercial, like that of the guaranteed debtor. The reason for this. - Commercial suretyship. Joint and several suretyship among the sureties and with the debtor. Its effect. - The creditor bank's granting banking facilities in the form of a loan to the debtor for use in his current account with the bank, guaranteed by a third party. A commercial activity. The suretyship therein is commercial. Its effect.