Kuwait Court of Cassation principle number 3170

The creditor causing, through his fault, the loss of the securities in respect of which the surety is entitled to be subrogated to him and upon which he relied in guaranteeing the debtor. Its effect. The surety, whether jointly and severally liable or not, may invoke his discharge to the extent of the security lost. Scope thereof. - The defense of loss of securities. Limited to what the creditor actually obtained and then lost, and does not include what he did not acquire. Example.