Standards for Public Domain Privatization And Legal Restrictions Imposed Thereon According to the French and Kuwaiti Laws: A Comparative Study
Dr. Khaled Al-Huwailah Al-Ajmi
Assistant Professor of Public Law in Kuwait International Law School
Abstract:
This article deal with transferring the ownership of public utilities to the private sector and the restrictions consequent to the privatization under both the French and Kuwaiti laws. Privatization means transferring public utility title to the private sector. Such utilities are considered public money owned by the state that undertakes to protect it and dedicates its use to promote the public interest. For these reasons, legislations related to the privatization of public domain impose restrictions aiming at protecting it and ensuring it will remain under the state’s supervision and that it will realize public interest.
Accordingly, the article is divided into two parts. Part One addresses the standards for ownership transfer of the public domain to the private sector under French and Kuwaiti laws. Part Two discusses the restrictions imposed on ownership after the privatization under both laws.