The effectiveness of the conditions of validity of the barrier condition from disposing of property as a restraint

https://doi.org/10.31295/ijss.v4n1.700

Authors

  • Saleh Nasser Al-Otaibi Department of Private Law, Kuwait International College of Law, Kuwait

Keywords:

barrier, disposing, property, restraint, validity

Abstract

Private property is protected by almost all laws, there are some exceptions of disposing of one's property, these exceptions are arranged by the law. Kuwaiti constitution pays much concern about the right of ownership. There is no risk when the law determines restrictions on the owner’s right to dispose of property, but, the risk occurs when the law permits the will of individuals to dispose of the property. Th privative clause of the disposition of the right of ownership is one of the conditions that are contrary to nature of the contracts that transfer the ownership, rather than lead to the transfer of ownershipthe study  concluded with that Kuwaiti law did not confine the occurrence of the barrier to the disposal of a particular type of legal behaviour. Motive condition determines the privative clause from disposition. Flexibility requires strong motive as a flexible standard that accommodates any situation that arises in the future. The strictness of Kuwaiti law shows that it did not always make the condition inhibiting from disposal as permanent, but rather that it must be temporary in a period. 

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Published

2021-02-04

How to Cite

Al-Otaibi, S. N. (2021). The effectiveness of the conditions of validity of the barrier condition from disposing of property as a restraint. International Journal of Social Sciences, 4(1), 39-51. https://doi.org/10.31295/ijss.v4n1.700

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Section

Research Articles