The Fundamentals of Contract Drafting in Kuwait: A Guide for Legal Professionals
Overview
Effective contract drafting is a critical aspect of commercial transactions in Kuwait, where contracts must not only reflect the agreement between the parties but also adhere to the legal frameworks established by the Kuwait Decree-Law No. 67/1980 Promulgating the Civil Code. To avoid disputes and ensure enforceability, legal practitioners must approach contract drafting with a clear understanding of the legal, cultural, and procedural norms that govern contractual relationships in Kuwait.
Key legal principles in contract drafting
Offer, acceptance and consideration
The foundation of any contract is the mutual consent between the parties, expressed through an offer and an acceptance. These elements must be clearly articulated to avoid ambiguity. While “consideration” (an exchange of value) is an essential component in many legal systems, Kuwaiti law, based on civil law traditions, places greater emphasis on mutual consent rather than the concept of consideration in the common law sense. In practice, however, consideration often involves straightforward exchanges, such as money for goods or services, which should be accurately captured to ensure contractual validity.