Kuwait Court of Cassation principle number 3252

The State’s substitution for the creditor in enforcing the assigned right against the debtor pursuant to the provisions governing assignment of rights, insofar as they do not conflict with the provisions of Law 41 of 1993. Its effect. Transfer of that right to the State as assignee with its attributes and its real and personal securities. The assignment takes effect against the debtor of the assigned right and against third parties from the date the Law comes into force, the debtor’s acceptance of it, or notification thereof to him, whichever of these dates is earliest. - 547 - Commercial - Assignment of debt. Its nature and effect. The new relationship resulting therefrom determines the position of each of the assignor - the original debtor - and the transferee, and the rights of each against the other, in a manner entirely disconnected from the previous relationship, the characteristics surrounding it, and the defences arising from it.