The research sought to clarify the impact of the (Covid- 19) pandemic on the tenant's obligation to pay the rent, as it is an obligation imposed by the general rules in leasing, and it allows the lessor to invoke the termination of the contract in real estate subject to the rule of civil law (general rules), or to vacate the leased property in real estate subject to the Jordanian Landlords and Tenants Law of 1953 in force in the West Bank in Palestine, or the Kuwaiti Tenancy Law of 1978. In order to avoid annulment or vacancy, the research analyzes the legal bases that the tenant can rely on in light of the pandemic's impact on his obligation to pay the rent, exemplified by the system of "excuses" under the “Majalla” that allows the tenant to terminate the lease, and similar texts in the Kuwaiti civil law, as well as the provisions for exemption of The rent for missing benefits in the two aforementioned legislations, in addition to the option to amend the rent based on the general jurisprudential rules under the “Majalla”, and the text on emergency conditions in Kuwaiti law, As well as analyzing the texts of Kuwaiti Law No. (15) of 2020 amending the texts of the 1978 law, which was issued following the Covid-19 pandemic, in order to find out the most protective system for the tenant especially in cases of pandemics such as the Covid-19 pandemic, which is the "excuses" to prevent the termination by the lessor, with the importance of what the law says Kuwaiti No. 15/2020 to prevent eviction in light of the Kuwaiti lease law.
Abusalama, Ramz Bassam Mss. and Yahya, Ibrahim Khalid Mr.
"The Impact of the Covid-19 Pandemic on the Tenant's Obligation to Pay the Rent: A Study under Palestinian and Kuwaiti Laws,"
UAEU Law Journal: Vol. 2023:
94, Article 6.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2023/iss94/6