نحو تطوير أحكام العقار في القانون الدولي الخاص الكويتي : دراسة تحليلية نقدية

الملخص EN

Real estate plays a significant role in terms of countries’ economy and policies.

the rules regulating real estate in Kuwaiti private international law seem to be delicate, over exaggerated, under the pretext of sovereignty and public order, and sometimes suffer from lack of clarity and contradiction.

this makes rules inapplicable and deliverance of justice suffers in comparison to the concurrent legal systems.

this study follows a critical analytical approach for the law no.

5 of 1961 about the relationship between the same subject element and law no.

38 of 1938 regarding the rules of civil and commercial pleadings.

this study aims to critically analyse and assess such rules.

it aims also to encourage Kuwaiti legislator to revaluate them, for the sake of attaining the objectives of private international law.

the study concluded that Kuwaiti private international law regulations lack the ability to respond to and keep pace with the developments of contemporary international trends.