Kuwait Court of Cassation principle number 3251

Transfer of debt. Its nature. An agreement to transfer a debt from the liability of the original debtor to that of a new debtor, whereby the former's liability is discharged once the latter approves it or is a party to it. The latter may assert against the transferee creditor defenses relating to the transferred debt itself, as well as those derived from the transfer agreement. - The absence from the law of a provision authorizing the assuming debtor to assert against the transferee creditor defenses derived from the relationship connecting him to the original debtor. Its implication. The legislature considers the assuming debtor's obligation toward the creditor an abstract obligation and the transfer an independent legal disposition separate from its cause, namely the legal relationship between the transferor and the assuming debtor.