Kuwait Court of Cassation principle number 3532

The creation of a commercial instrument as a means of discharging a prior obligation. Its import. The existence of the obligation under the instrument alongside the ordinary obligation. The creditor has the choice of extinguishing the debt by an action on the instrument or by an action on the original debt. The action on the instrument becoming time-barred. Its effect. The original debt and the action on it remain. The creditor may have recourse through that action to extinguish the debt. That action may not be met by defenses other than those derived from this obligation. The reason for this. The court of merits may ascertain the relationship between the parties to the dispute. Its condition. - The drawer’s obligation:-