Kuwait Court of Cassation principle number 3256

Assignment of rights. Its conclusion by mutual consent between the assignor and assignee without need for the debtor's consent. Its effectiveness against the debtor and third parties. Instances thereof. The debtor's knowledge that the assignment has occurred by a route other than that prescribed by law. Insufficient to render the assignment effective against him, even if he acknowledges it or is notified of its occurrence by registered letter from the assignee or assignor. Rationale therefor. - Effectiveness of the assignment of rights. Its effect. The assignee takes the assignor's place in relation to the assigned debtor in the same assigned right, in the condition it is in at the time of notification or acceptance of the assignment. Articles 364, 366, Civil Code. - Assignment of rights. The debtor's acceptance of the assignment without reservation. Its effect. He may not invoke against the assignee a set-off between the debt owed to him by the creditor and the debt owed by him to the latter. Rationale therefor. Attachment of the assignee's right to the debt assigned. Notification to the debtor of the assignment without his acceptance thereof. Does not preclude set-off so long as its conditions are fulfilled. Its implication. He may invoke it against the assignee. Article 431, Civil Code. Example. - 548 - Commercial