Kuwait Court of Cassation principle number 3762

The surety’s joint and several liability with the debtor. Its effect: the creditor may claim the debt from the surety alone. The surety may not resist the claim by requiring prior recourse against the debtor or exhaustion of his assets. - Multiple sureties jointly and severally liable among themselves and with the debtor. Its effect. The surety who has paid the debt may seek recourse against each of the others for his share of the debt and for the share of the insolvent among them, by a subrogation action or a personal action. His payment of part of the debt equal to his share. Its consequence. He has no recourse for what he has paid. A judgment contravening this. An error in the application of the law. Requiring its quashing.