Kuwait Court of Cassation principle number 3253

Transfer of debt. Its nature. Its effect: discharge of the original debtor. Its condition: the creditor’s consent for it to be effective against him. Article 378, Civil Code. - The burden of proving the transfer and the creditor’s approval thereof. It rests upon the original debtor. - The transfer or its approval must conclusively indicate the original debtor’s final discharge from the debt, rather than the addition of a new debtor alongside him. - Deducing the existence of the transfer and the creditor’s approval thereof. A factual matter within the power of the court of merits. Its condition. An example of the absence of a transfer of debt and its treatment as a guarantee.