I'm studying for my final exams and struggling to understand the fundamental differences between commercial law and civil law in Kuwait. From what I've read, both seem to deal with contracts and obligations, but there must be important distinctions.
Specifically, I'm confused about:
Any help would be greatly appreciated!
Great question! The key distinction lies in the nature of the transaction and the parties involved.
Commercial Law applies when:
Civil Law applies to:
The main practical difference is that commercial law often has shorter statute of limitations periods and different evidence requirements.
To add to the excellent answer above, remember that Kuwait follows a dual system where commercial law is essentially a special branch of civil law.
Article 1 of the Commercial Code states that commercial matters are governed first by commercial law provisions, and when those are silent, civil law principles apply.
For your exam, focus on Article 5 of the Commercial Code which lists the specific acts considered "commercial" - this is frequently tested!
I'm helping a client set up an LLC in Kuwait. We need to understand the current legal requirements comprehensively.
What I need to know:
Has anything changed with the recent amendments to the commercial code?
Based on the current Kuwait Companies Law (Law No. 1/2016), here are the LLC requirements:
Capital Requirements:
Shareholders:
Documents Needed:
The 2024 amendments did streamline the process significantly. Timeline is now approximately 2-3 weeks if all documents are in order.
Key changes to note:
I recommend working with a local legal consultant familiar with the Ministry of Commerce procedures.
I'm writing my first legal brief for a commercial dispute case and need to cite several Court of Cassation precedents.
Questions:
Kuwait doesn't follow the American bluebook system exactly, but we do have established conventions:
Standard Format:
Court of Cassation, [Chamber], Case No. [Number]/[Year], Session Date [Date]
Example:
محكمة التمييز، الدائرة التجارية، الطعن رقم 234/2023، جلسة 15/3/2024
In English briefs:
Court of Cassation, Commercial Chamber, Appeal No. 234/2023, Session of
15/3/2024
Always include the official gazette reference if published: Kuwait Al-Yawm Issue No. XXX, Page XXX
To add practical advice: most Kuwaiti courts prefer Arabic citations even in bilingual briefs, with English translations in footnotes.
Pro tips:
The Kuwait Bar Association website has a citation guide you can download.