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Volume :46 Issue : 177 2020      Add To Cart                                                                    Download

The Essential and Unusual Clauses in the Leases, an Analytical Study According to the Legislative Decree 35 of 1978 and Kuwaiti Jurisdiction.

Auther : Dr. Husain M. Alrashidi

The goal of the Study: To investigate the concept of the essential and unusual clauses in the leases in term of its adaptation and  its impact on the qualification of the lease and its effects, and the reason behind which contractors list such clauses in their lease?
Study Method: An analytical method was used to analyze the Legislative Decree 35 of 1978 and Kuwaiti jurisdiction.
Study Results: The study found that the idea of the essential and unusual clauses is not regulated (off-track) and law applies it in inflexible fashion and that not every lease involves essential and unusual clause should be regarded as investment contract. The study noticed that jurisdiction insists on qualifying certain clauses as unusual, although they are prevalent in lease's forms that are common among people.

Keywords: Lease Contract, Investment Contract, the Essential and Unusual Clauses.

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