Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.622023
Title: Unfair contract terms under the Kuwaiti Civil Code : a critical analysis and suggestions for reform
Author: Al-Anzy, Sami
ISNI:       0000 0004 5360 4668
Awarding Body: University of Glasgow
Current Institution: University of Glasgow
Date of Award: 2014
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Abstract:
The fundamental aim of this doctoral thesis is to appraise the protection model critically against unfair contract terms in Kuwait and propose solutions for its reform. The thesis examines the Kuwaiti Civil Code (KCC) provisions that regulate unfair terms in the context of the standard form of contracts (i.e., adhesion) and relevant case law. It primarily seeks to address two main issues: (i) why the Kuwaiti control model for the protection against unfair terms has failed and (ii) how it can be reformed. It argues that the existing control model has failed considerably in providing adhering parties with an adequate level of protection for two reasons. First, the regulation of unfair terms in the context of adhesion contracts is fraught with ambiguities and legal lacunae that render it flawed and ineffective. Second, the courts’ restrictive interpretation of what constitutes an adhesion has limited the protection to only a few types of contracts. The thesis explores how the protection model can be overhauled and, where relevant, uses European Union Council Directive 93/13/EEC on Unfair Terms in Consumer Contracts as a normative framework to offer proposals for law reform. To achieve this end, the thesis is divided into an introduction, five chapters, and a conclusion. It starts with a brief introduction, focusing mainly on the statement of the problem, motivation for the research, research objectives and methodology. Chapter one seeks to explore whether, in the light of the statutory deficiency, the general principles of contract law can be employed to counter unfair terms. The aim is to confirm the main hypothesis of the thesis and explain why legislative intervention is needed. Chapter two deals with the scope of protection and discusses the notion of adhesion contracts, their regulation in the KCC and how they have been interpreted by the courts. Chapter three explores the connotations of the concept of unfair terms and seeks to determine whether the ambiguous concept of contractual unfairness can be explained with reference to the theory of abuse of rights. Chapter four assesses the court’s role in disputes involving unfair terms. Chapter five highlights the need to introduce a parallel enforcement mechanism and suggests the establishment of a public body entrusted with the task of eliminating unfair terms from the market. The final segment of the study presents concluding remarks and suggests recommendations for law reform.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.622023  DOI: Not available
Keywords: K Law (General)
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