Kuwait Court of Cassation principle number 3632

The State’s substitution for the creditor in recovering 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 this right to the assignee State with its characteristics and its real and personal securities. The assignment is effective against the assigned debtor and third parties from the date the Law enters into force, the debtor’s acceptance of it, or notification thereof to him, whichever of these dates is earliest. - 612 - Commercial - Transfer of debt. Its nature and effect. The new relationship resulting from it determines the position of both the transferor—the original debtor—and the transferee, and the rights of each against the other, in a manner disconnected from the previous relationship, its attendant characteristics and the defences arising from it. - The appellant’s contention that his indebtedness established by his authenticated acknowledgment includes usurious interest calculated on the principal of his debt at a rate exceeding that prescribed by law, thereby invalidating the acknowledgment. This relates to the original debt preceding the acknowledgment which he authenticated of his own free will and choice. Its implication. His indebtedness established by this acknowledgment is free of any unlawful elements. His obligation to discharge it without disputing it in the future. Its import. The impermissibility of pleading the invalidity of the acknowledgment on this ground.