The Right to Cancel the Contract in the Kuwaiti Law: A Comparative Study
Dr. Abdulmajeed khalaf Alenezi
Assistant professor – Public Law – Saad Al-Abdullah Academy for Security Sciences – Kuwait
Abstract:
The right to cancel the contract is considered one of the legal means to protect the consumer’s consent after the conclusion of the contract. While consumer contracts are characterized by an absence of bargaining power on the part of the consumer, where the supplier dominates the contract and dictates his own terms, the right to cancel allows the consumer to restore the contractual balance to his favor. The right to cancel is a statutory ‘license’ granted by the law to the consumer to reconsider the terms of the contract and decide within a specified period of time whether to continue or walk out of the contract without giving any reason and without incurring any liability.
This study is prepared to determine the amount of protection provided by the regulation of the right to cancel in the Kuwaiti law. It aims at reviewing the concept of this right in the Kuwaiti law as well as comparative law, defining its legal basis, and discerning it from similar legal mechanisms. Lastly, this study attempts to delineate the contours of the statutory regulation of this right, such as how to exercise it and its legal effects.