تطبيق أحكام المسؤولية الإدارية بدون خطأ على قرارات الحكومة الكويتية بحظر التجول بسبب جائحة كورونا

الملخص EN

Since no legislation in Kuwait explicitly deals with the issue of government’s no-fault liability, this research aims to answer the question of whether it is legally possible to hold the Kuwaiti government responsible for the harms caused by lawful measures undertaken to fight the COVID19- pandemic, especially those resulting from government’s decisions to impose curfew, and therefore the liability for no-fault compensation.

This research follows the analytical method.

It first examines whether elements of the no-fault liability are present in the case of curfew restrictions.

The research then examines verdicts given by the Kuwaiti administrative courts in relation to compensating the harms resulting from government’s lawful measures to predict its direction towards compensating those harmed by curfew restrictions.

This research ended up with the opinion that the legal environment in Kuwait, though it lacks an explicit provision in a statutory law, deals with the issue of government’s no-fault liability, and may be qualified to receive courts’ verdicts on the government’s no-fault compensations of the harms and damages caused by the COVID19- pandemic by the application of the notion of national solidarity mentioned in the Kuwaiti constitution.