Expert Insight

An overview of Civilian Contract Matters and the Emergence of Civil Dispute kuwaity lawyer . Hanan AL-Eneziy


The definition of a contract in the law is an agreement between two or more parties in which each of them undertakes mutual things or promises that the law implements, whereas the contract is pacta sunt servanda, and if the contract is breached, the law provides what is known as judicial measures, and the contract law falls under the civil law.

The civil contract is the contract in which none of its parties represents the state as sovereign.

The administrative contract is the contract in which one of the parties represents the state, and the state is represented in the contract as sovereign.

Contract Parties - First Party, which acquires a right (creditor).

                               - Second party, which bears an obligation (debtor).

If the signature of the contract is not from those, the contract shall be not valid.

The Elements of the Contract are three:                    

1- Satisfaction, it is the most important element of the contract because it bears the expression of the will of parties.

2- The Subject, it is the second element of the contract and it consists of two parts:

  1. The subject of the contract, which is the legal process that the parties are satisfied to achieve, such as sale, rent, or contracting.

  2. The subject of the obligation, it is the performance that the debtor shall perform in favor of the creditor.

3- The reason, it is the third element of the contract and means the purpose for which the obligor intends.

Sects of Contracts: - Contracts binding on both sides, the reason for the commitment of each party is the commitment of the other party, for example, a sales contract that causes the seller’s commitment to transfer ownership of the sold thing and the buyer’s obligation to pay the price.   

- Contracts binding on one side. In the case of an in-kind contract (loans), the reason for the commitment is delivery.

Contractual liability, Contractual liability shall be fulfilled when the contractor breaches the obligations assumed by the contract or implements it in a defective manner, therefore the jurisdiction of the civil judiciary is held in the event of a legal dispute between the parties to the contract.

 - Contractual Liability is consistent with Tort Liability that both are fault-based.

Complementary rules, it is may agree on contrary to the provisions contained therein to what was stated in complementary rules of the provisions and that are called complementary, as they complement the common will of the contractors, as for the issues that they neglected to be exposed to in their Contracts, with the purpose of helping individuals towards achieving what their will is heading by providing solutions intended to remedy what they neglected in their behavior.
-       It is normal for one to ask about the reason of increasing the percentage of disputes related to Civil Cases and Contracts, whereas there are different ways to resolve disputes, either through the judiciary or arbitration, especially if it was stated in the Contract.
-       Finally, the Civil Law and Civil Contracts are prolonged, and the field shall not expand except for what was indicated, whereas it is better to prove the Contracts to be signed by its Parties and witnessed.

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