Kuwait Court of Cassation principle number 3859

Subrogation of the payer to the creditor where the payer is liable for the debt on behalf of the debtor or obliged to discharge it on his behalf. - The insurer under compulsory motor accident insurance. Its obligation and that of the liable third party for the same debt, although the source of each differs, and their concurrent liability for its discharge. The insurer’s payment to the injured party constitutes discharge of the liable third party’s debt. The effect thereof. The insurer’s statutory subrogation to the injured party against the third party. Its right of recourse against him for the compensation it has paid. - The payer’s obligation for the debt arising from the same source as the other debtor’s obligation, or the existence of a relationship between them. Neither is necessary for statutory subrogation. It suffices that the payer is liable for the debt with the debtor or obliged to discharge it on his behalf. Article 394 Civil Code.