Kuwait Court of Cassation principle number 3757

Creation of a commercial instrument as a means of discharging a prior obligation. Its effect. The creation of a new, independent obligation, namely the obligation - 632 - Commercial under the negotiable instrument, alongside the original obligation. The creditor has the option of proceeding against the debtor by an action on the instrument or an action on the original debt. The creditor’s pursuit of the ordinary action procedure. Its effect. An example.