The Effect of Using Real Estate as Security in Kuwait
Type
E-journal
Date
20 Apr 2016
Jurisdiction
Kuwait
Taxonomy
General Real Property Law
Copyright
LexisNexis
Relevant company
Al Tamimi & Company
Analysis
The Kuwait banking and finance market is witnessing considerable growth, as evidenced by the significant increase in the amounts of lending and borrowing by banks and financial institutions.
Local entities are in continuous need to expand their business and engage in new projects in order to keep pace with an ever growing competitive market. Naturally, these expansions and considerable growth are accompanied with a number of legal issues that may turn into legal disputes.
One of the main reasons for disputes is a default of payment and the subsequent rescheduling of the debt. Lending banks regularly come across an important question when entering into a rescheduling agreement with their borrowers - does a promise to give security over real estate assets give rise to any property rights over those assets in favor of the secured party?