Kuwait Court of Cassation principle number 3502

Banking operations. Commercial acts, whether on the part of the bank or on the part of its customers. - Loans. A commercial act regardless of the borrower's capacity or the purpose for which the loan was allocated. - Suretyship. Its nature. The general rule is that the surety acts gratuitously, not as a speculator. A surety guaranteeing a debt considered commercial in relation to the debtor. His obligation is commercial, like the obligation of the person guaranteed. The reason therefor. - Commercial suretyship. Joint and several suretyship among the sureties and with the debtor. Its effect. - The creditor bank's granting banking facilities in the form of a loan to the debtor for use in his current account with the bank, guaranteed by a third party. A commercial act. The suretyship therein is commercial. Its effect.