Kuwait Court of Cassation principle number 3637

The guarantor under Law 41 of 1993 concerning the State’s purchase of certain debts and the manner of their collection. Being treated as a customer and being subject to the rules regulated by its provisions, including the obligation to execute the notarized acknowledgment of indebtedness and the managing bank’s right to refer the guarantor together with the debt to the Public Prosecution if the guarantor refuses to sign that acknowledgment or breaches the obligations stipulated in this Law. - A guarantee is dependent upon the debt that is its subject matter. The import of this. It does not extend to other debts, even if owed by the same debtor. - Determining the extent of the guarantor’s obligation. A matter of fact for the court of merits, through a narrow, non-expansive interpretation of the guarantee contract; in case of doubt, interpretation is in favor of the guarantor.