Regulating the rental relationship in Kuwaiti law
The lease contract is considered one of the most important contracts that regulate people’s transactions. Shari’a has been concerned since ancient times with establishing the provisions and controls that govern the relationship between the lessor and the lessee in light of the economic and social system prevailing in the country.
- The lease contract, especially real estate rentals, has received great attention from the Kuwaiti legislator due to the seriousness and frequent circulation of it and its great impact on many aspects of economic and social activity in the country. .
- In the recent period and with the beginning of the seventies, major economic developments have taken place, which reflected on the rental of real estate and the increase in prices, and the emergence of some crises in supply and demand, which led to the rapid intervention of the legislator with the issuance of Law No. 35 For the year 1978 in the matter of renting real estate, although this interference by the legislator does not substitute for a review of the law as a whole, and the development of new provisions that are consistent with what has been new It restores the balance between the interests of the parties to the contract in light of the general interest of society and in accordance with the economic and social conditions, and ensures that justice is achieved between the lessor and the lessee.
- Quarrels and disputes often arise between individuals regarding the various contracts that he concludes, and even escalate their matter in a manner that makes their resort to the judiciary inevitable. Perhaps the real estate lease contract is among the most controversial contracts in The practical reality, especially in Kuwait, is only the hundreds of cases that the Kuwaiti judiciary annually considers, which are related to lease contracts in particular. It relates to the causes of this phenomenon that is not unique to Kuwaiti society without other societies, because many factors stand behind the differences that arise between the parties to the contract, the most important of which are:
The large number of obligations that arise from the lease contract on the shoulders of its parties, which increases the possibility of a failure by one of them willing or compelled, this apart from the linkage of these obligations with the element of time, which requires effort Continued implementation by the lessor and the lessee increases the likelihood of a default by one of them.
Rather, this idea of the element of time affects the rental relationship on the other hand, as it relates to economic and material data, as these data are undoubtedly affected by the passage of time, which leads to a change in them. A way that serves the interest of the lessor sometimes or in a way that serves the interest of the lessee at other times, which is the case of low prices. In addition, the passage of time and the damage that leads to it in The property, an increase in its value or a decrease in its value, and even developments that occur in the real estate area, and in the case of real estate and services surrounding it with the passage of time, are factors that negatively affect the rental value Or positively.
And last, but not least, the changes that occur in the conditions of the parties to the contract themselves may be behind the disputes that arise in the matter of the rental relationship, the marital status of one of the parties may change, or The financial condition of either of them, and then these changes are reflected in the rental relationship in an indisputable manner.
Law No. 35 of 1978 in the matter of renting real estate in its fourth article provides a definition of the lease contract, from which it was found that it is a consensual contract in which there is mutual consent on three elements: : The benefit of the leased property, the period and the rent, and the period is the measure of the use of the leased property, because the lease is a time contract whose characteristics are timing, and then the utility of the eye in it is measured with a time scale, but it is sometimes That the two contracting parties remain silent about the period, and they do not present it at all, and they may agree that the lease be for an unspecified period or for a specific period, which neither can prove. In all cases, no The rent is invalidated because of the period being ignored, but it is correct and the law takes care of determining the period. It is decided that the rent is considered a contract for a consecutive period, each period of which is the period specified for the payment of the rent. Notarized as usual for houses, the lease period was for a month extending to a second month, then a third by fourth, and so on until the expiration of a legal reason, and the matter is similarly done if the rent is paid annually or for another period, Article 26 bis “b” of the law came No. 35 of 1978 in the matter of renting real estate, stating that “the lessor in real estate leased for the purpose of housing may terminate the lease contract after five years have passed from the date of the contract, unless The two parties agree on a longer period than that, and the contract extends with respect to the lessor for a period or for similar periods, but under the conditions agreed upon by the two parties, unless the lessor notifies the lessee of his desire to vacate the property at least three months before the expiration of lastyear
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