Kuwait Court of Cassation principle number 3193

The creditor, through his fault, causing the loss of any of the securities to which the surety may be subrogated and on which he relies in guaranteeing the debtor. Its effect. The surety may invoke discharge to the extent of the securities lost, whether he is jointly and severally liable or not. Condition therefor. The surety must prove that he sustained damage from the act of - 539 - Commercial the creditor and the amount of this damage. Rationale therefor.