Kuwait Court of Cassation principle number 743

Creation of a commercial instrument as a means of discharging a prior obligation. Its implication. Existence of the negotiable-instrument obligation alongside the ordinary - 140 - Commercial obligation. The creditor has the choice of extinguishing his debt through an action on the instrument or an action on the original debt. Extinction of the action on the instrument by limitation. Its effect. The original debt and the action thereon remain. The creditor may have recourse thereto to extinguish his debt. This action may not be opposed by defences other than those derived from this obligation. The reason for this. The trial court may ascertain the relationship between the litigating parties. Its condition.