The scope of the judicial authorization according to Article 8/1 of the real estate leasing law number 35/1978 – Comments on the decision number 212/2013 appeal leasing (1) – (unpublished)
Dr. Youssef AlHarbash
Assistant-Professor of civil law – Kuwait International Law School, and former judge
Abstract:
The scope of study is the concept of judicial authorization according to Article 8/1 of the real estate leasing law number 35 for the year 1978 concerning the lessee’s right to ask the judiciary to deduct from the rent the money he spent on necessary repairs in the rented property. The researcher discussed this concept by commenting the decision of the Appeal Court number 212/2013 leasing, knowing that the sections of the leasing appeal court are courts of law (similar to cassation court’s sections) when it comes to leasing rules.
The researcher noticed that the studied decision considered that the authorization mentioned in Article 8/1 of the real estate leasing law is for the prior deduction from the rent. However if the lessee paid the whole amount of the rent his right is maintained to reclaim from the lesser, and as per the general rules, the payment of necessary repairs that are needed to continue using the real estate property considering that this kind of repairs is a main obligation that falls upon the lesser.