Kuwait Court of Cassation principle number 3156

The creditor’s mere failure to take the requisite measures against the debtor when the debt falls due, or his delay in taking them, does not discharge the surety. The nature of these measures. Bringing an action to claim payment or initiating enforcement proceedings. - When the surety may usually request discharge from the suretyship. His formal notice to the creditor to take the requisite measures within three months from the date of notice, the creditor’s failure to take them, and the debtor’s failure to provide sufficient security to the surety. When the surety remains bound even after the original obligation falls due. - The debtor’s bankruptcy before the secured debt falls due. The creditor must lodge his claim in the debtor’s bankruptcy. The consequence of his failure to do so when having recourse against the surety. His right of recourse against the surety is reduced by what he would have recovered had he lodged his claim in the debtor’s bankruptcy.