الآثار القانونية لقرارات السلطة العامة الصادرة لمواجهة جائحة كورونا على عقد الإيجار التجاري(1)‎

الملخص EN

This research addresses the impacts of the decisions of public authorities on the lease agreements of commercial shops and offices and attempts to provide amicable and legal solutions to such impacts.

In this study, the researcher has adopted the analytical approach by using, analyzing and applying the relevant legal provisions on the reality of the lease agreements of commercial shops and offices, and has considered the applications of such texts by the judiciary and the juristic opinions in this regard.

The researcher divided this study into three parts; the first part presents the amicable solutions for the contracting parties to overcome the impacts of the decisions of public authorities to close the commercial shops, the second part addresses the impacts of these decisions in regard to the commercial shops and offices, and that decreased the usufruct from which significantly.

The last part addresses the cases in which the tenant cannot temporarily benefit from the commercial shop or office.

The researcher has produced some results, the most important of which is that there are some legislative inadequacies in the Kuwaiti civil and commercial laws.

Furthermore, the authorities responsible for issuing the decisions of public authorities in regard to the organization of closure of commercial shops and offices did not comply with the legal procedures.

Accordingly, the researcher has recommended that the Kuwaiti legislator must interfere to address and remedy the decisions of public authorities, which are issued based on an epidemic so that to achieve economic balance in the lease agreements of commercial shops and offices and handle the issues that the practical reality has shown.