Contract theory: A jurisprudential, critical, comparative study with Arab laws 1/2

The civil law is one of the most important laws regulating people's lives due to its direct relation to their financial transactions such as sale and purchase, and so on. Due to the importance of this law, this research was conducted as a comparative jurisprudential critical study, through which some articles of the Kuwaiti Civil Law are explained. The researcher covered articles from (31) to (109), clarifying their intended meaning and the jurisprudential evidence or principles from which the rulings are derived. The reader will find that the Kuwaiti Civil Law relied on Islamic Shariah rulings as a primary reference for drafting its articles, without being bound to a specific school of thought. The law considered the public interest and customs significantly in its formulation. Most of the articles of this law are compatible with the articles of the Egyptian, Syrian, Jordanian, and Moroccan civil laws. The Kuwaiti Civil Law only diverged from them in rare cases, with a distinction in that it explicitly states some rulings not explicitly mentioned in others. Since the law was issued in 1980, developments in life, differing customs, and people's conditions necessitate amending some of its articles to consider Shariah rulings and people's interests. This prompted the researcher to propose amendments to two articles of the Kuwaiti Civil Law related to contracts between absent parties from the contract session. He preferred adopting the theory of announcement of acceptance over the theory of knowledge of acceptance, due to the goodness and agreement with the most likely opinions of scholars, and in consideration of people's interests and circumstances.