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What Can Be the Subject of a Legal Right?
Article 22 of the Kuwait Civil Code establishes the basic rule: only things of recognized value (الأشياء المتقومة) can be the subject of financial or property rights. This means that something must have acknowledged legal and economic worth to be bought, sold, leased, or pledged under Kuwaiti civil law.
For expats, this principle underpins every commercial and property transaction you make in Kuwait.
Public Property: What You Cannot Touch
Article 23 draws a critical line between public property and private property:
- Any property owned by the Kuwaiti State or a public legal entity that is dedicated to public use — whether by law or in practice — cannot be:
- Sold or transferred in a way that contradicts its public purpose. - Seized by creditors. - Occupied by private individuals without authorization.
- Public dedication ends either through a formal legal act or when the property is factually removed from public use.
Practical importance for expats:
- You cannot claim ownership of, or build on, publicly dedicated land.
- Creditors (including you, if someone owes you money) cannot seize government-owned public assets to satisfy a debt.
- Always verify the status of any land or property before entering transactions.
Immovable Property (Real Estate) in Kuwait
Article 24 defines immovable property (عقار) — commonly known as real estate:
- Any thing that is fixed in place and cannot be moved without damage or alteration to its form is immovable.
- However, if something is about to be detached from the land and is being treated as a standalone item, it can be classified as movable for that transaction.
Article 25 extends the concept:
- A movable object placed by its owner on real estate they own, dedicated to serving or exploiting that property, is legally treated as immovable. This is called immovable by destination.
- Example: Industrial machinery permanently installed in a factory building is treated as part of the real estate.
Article 26 adds:
- Any real right (حق عيني) — such as a mortgage, usufruct, or easement — that attaches to real estate is itself classified as immovable.
Article 27 closes the loop simply:
- Everything that is not immovable is movable property.
Why This Matters for Expats
- Expats generally cannot own real estate in Kuwait under separate property ownership laws, but they can hold rights in movable property and enter leases over real estate.
- Understanding what is classified as immovable affects how lease agreements, security deposits, and business asset agreements are structured.
- Equipment or fixtures you install in a rented property may legally become part of the real estate.
Fungible vs. Non-Fungible Goods
Article 28 makes an important commercial distinction:
- Fungible goods (الأشياء المثلية): Items whose individual units are so similar that one can substitute for another without meaningful difference — measured by count, volume, weight, or dimension. Examples: barrels of oil, bags of flour, standardized electronic components.
- Non-fungible goods (الأشياء القيمة): Items whose individual units differ significantly in quality or value, or are rare in circulation. Examples: artwork, antiques, unique vehicles, custom-made items.
Why this distinction matters:
- If a seller fails to deliver fungible goods, you can demand equivalent substitute goods.
- If the goods are non-fungible, you may only claim the specific item or damages — no substitute is legally equivalent.
- This affects how you draft contracts for goods supply in Kuwait.
Consumable Goods
Article 29 defines consumable goods (الأشياء الاستهلاكية):
- Goods are consumable if they can only be used by consuming or spending them — food, fuel, and money are classic examples.
- Goods stocked in shops for sale are also treated as consumable by legal presumption.
This matters for loan agreements and bailment contracts: if you lend consumable goods, you are generally entitled to return of equivalent goods, not the exact same items.
The Abuse of Rights Doctrine
Article 30 contains one of the most important principles in the Kuwait Civil Code — the prohibition on abusing your legal rights. Even if you technically hold a right, exercising it in the following ways is unlawful:
- The benefit you gain is illegitimate.
- Your sole purpose is to harm another person with no legitimate interest of your own.
- The harm caused to others is grossly disproportionate to any benefit you receive.
- The exercise of the right causes severe damage to others.
Practical examples for expats:
- A landlord who technically has the right to inspect a property but exercises that right repeatedly and unnecessarily to harass a tenant may be abusing their right.
- A business competitor who uses a legal right purely to damage your trade with no real benefit to themselves may be acting unlawfully.
- Always ensure you exercise your legal rights proportionately and in good faith.
Quick Reference Summary
| Concept | Key Rule | |---|---| | Public property | Cannot be seized or transferred against public purpose | | Immovable property | Fixed assets and rights attached to land | | Immovable by destination | Movables permanently dedicated to serving real estate | | Fungible goods | Interchangeable; substitutes are acceptable | | Non-fungible goods | Unique items; no legal substitute | | Consumable goods | Used up in use; goods for sale are presumed consumable | | Abuse of rights | Exercise of rights in bad faith or disproportionately is unlawful |