عدم دستورية تقييد حق التقاضي في المرافعات الخاصّة بإيجار العقار : دراسة مقارنة بين القانونين الكويتي و الإنكليزي

Abstract EN

One of the most controversial legislations is the Real Estate Renting Law, which has a civil, non-investment nature.

The legislator finds himself facing charges of bias towards the lessor or lessee in many of the rules of this law, because the lessee is a civil man in a weak financial position frequently.

However, the Kuwaiti legislature has sparked discussions that he goes beyond the issue of justice to violating the constitution in the Real Estate Renting Law No.

35 of 1987, as this Kuwaiti law has restricted the right to litigate, or in other word : «Access to Justice»>, with explicit legal restrictions.

By the way, two-degrees litigation is one of the most important constitutional guarantees of fairness in light of the possibility of serious legal fault in applying the law from courts.

Also, litigation without restrictions or material conditions is consi dered as a constitutional guarantee for the proper functioning of justice, as long as placing material obstacles before the person is considered as a violation of Access to Justice.

Furthermore, it appeared that the legislature of England in the UK has a detailed legislative policy regarding the procedures of renting claims, this policy appeared from the Tenant and Landlord Law 1985, then the Housing Law 1988, and their amendments, the last of which was in 2019, also the Tribunals, Courts and Enforcement Act 2007.

This research comes in the context of the comparative analytical dis cussion of the clauses of the Kuwaiti real estate renting law to extrapolate the violations of the Kuwaiti constitutional principles in comparative with the British constitution and the law of England.