Guarantees of Right in Digital Age From Change of Concept … to Change of Protection Highlights on European and French Legislative with Reference to Kuwaiti Legislative

Prof. Mohamad Arfan Alkhatib
Professor of Civil Law – Ahmed bin Mohammed Military College – Doha – Qatar – and the Faculty of Law – Damascus University – Syria


This paper attempts to tackle the most important changes occurred in concept of “Right”, with the aim of alerting the need to amend the rules of its protection to examine the adequacy of European, French and Kuwaiti legal legislations in dealing with these changes. Highlighting these modernist aspects resulted of the revolution against the theory of the right would draw the attention of Arab legislators and jurists through demonstrating the need to review the bases and rules on which the idea of the right and protection in their countries stand, according to the western legislator’s position on this theory.
The paper relies on the most important legislative efforts made by European and French legislators in this field, with reference to Kuwaiti legislation, in order to elaborate a consistent Kuwaiti legislative position regarding the two resulting important shifts. The first related to the concept of the right itself, and the several images merging through the digital environment, to be covered in the first and second sections of the paper. While the second is often related to ‘the holder of the right’, who is no longer associated with the concept of the humanization in both human or material dimension, so that the human personality exceeds the tangible physical limit to the intangible digital one, as shall be seen in the second section of the research. This consequently affected the traditional legal rules of the protection of the right and its owner, in addition to the huge impact on the founding legal for each, as the paper concludes.
Protection of Personal Digital Data, Digital Intellectual Property Rights, Robot, Digital Robotics, Guarantees of Right in Digital Age, Kuwait Civil Law.

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