Дисертації з теми "Koweïtien"
Оформте джерело за APA, MLA, Chicago, Harvard та іншими стилями
Ознайомтеся з топ-20 дисертацій для дослідження на тему "Koweïtien".
Біля кожної праці в переліку літератури доступна кнопка «Додати до бібліографії». Скористайтеся нею – і ми автоматично оформимо бібліографічне посилання на обрану працю в потрібному вам стилі цитування: APA, MLA, «Гарвард», «Чикаго», «Ванкувер» тощо.
Також ви можете завантажити повний текст наукової публікації у форматі «.pdf» та прочитати онлайн анотацію до роботи, якщо відповідні параметри наявні в метаданих.
Переглядайте дисертації для різних дисциплін та оформлюйте правильно вашу бібліографію.
Alharbi, Khaled. "Les actes de gouvernement en droits français et koweïtien." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0120.
Повний текст джерелаCreated in 1822 by the French « Conseil d’Etat » and, introduced in several other countries such as Kuwait, Government acts have always been very much criticized, because of a lack of clear criteria and jurisdictional immunity which often make difficult their distinction with some neighboring theories. It is the doctrine that has always proposed criteria and classifications of government acts. Despite all these efforts, this theory is clearly contrary to the general principles of law, to fundamental freedoms and, above all, to the rule of law. This is the ability to withdraw, without justification, Kuwaiti nationality to a person and the right to prohibit foreign citizens residing in France from voting to designate their President. The rise of populist ideas here and there makes government acts even more dangerous for the democracy. Therefore, even if the doctrine is divided on the matter, their pure and simple abolition, in France and in Kuwait, appears to be a necessity which should simply be determined by the modalities
Jamal, Mona. "Le contrat d'adhésion : étude comparée des droits français et koweïtien." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA017/document.
Повний текст джерелаThe contract of adhesion has been the subject of doctrinal debate for long time and usually arises during the signing of contracts. In such conditions one party will be in a position of inferiority compared to the other contracting party. This imbalance will usually be in favor of the first party who prepared the contract. As for the second party who will not be in the position of negotiating, they will merely adhere to a pre-established contract without having the possibility to discuss the terms. In this context, the law of the parties’ sometimes causes inequalities and certain abuses. The new reform of French Civil code law dated 10 Feb. 2016, marks an evolution; Hence, the importance of a reflection on the concept of the contract of adhesion in French and Kuwaiti law. The comparative approach allows us to grasp the points of convergence and divergence that exist between these statutes in regard to both the legal system of the contract of adhesion and the level of protection. This brings us to question whether the Kuwaiti law can be improved by embracing the French law
Bu, Abbas Ali. "Le Contrat de franchise en droit français et en droit koweïtien." Strasbourg, 2010. http://www.theses.fr/2010STRA4008.
Повний текст джерелаFranchising is a contract which is binding two legally independent persons in the purpose of collaboration, the franchiser giving to the franchisee his distinguished signs and know-how with a payment in return and the commitment of the franchisee to use them according to a uniform commercial technique. Franchising is the repetition of a commercial success beforehand experimented by the franchiser. The implementation of the franchising contract involves the application of an anthology of rights such as contract law, competition law, trademark law and others distinguished signs law. The franchiser must communicate to the franchisee all the precontractual informations imposed by the law. The franchiser and the franchisee have mutual bonds. Franchising takes consequences both towards the execution of the contract and towards its extinction. This thesis carries out a comparative analysis of the franchising contract between the French and the Kuwaiti law
Alsaif, Dalal. "L'appréhension de la criminalité organisée. Étude comparative des droits français et koweïtien." Thesis, Poitiers, 2018. http://www.theses.fr/2018POIT3001.
Повний текст джерелаThe fight against organized crime is today one of the national and international priorities. To do so, however, the countries do not always adopt the same solutions, as shown by the comparative study of French and Kuwaiti laws. Substantially, the two laws have many points in common. Organized crime has not actually been criminalized as such by French and Kuwaiti legislators. There are, however, several criminalizations to apprehend this criminal phenomenon in these two laws. It is either to fight against criminal organizations, via the conspiracy (association de malfaiteurs/entente criminelle), or to fight against the criminal activities committed by these organizations, via the aggravating circumstance of organized criminal group (bande organisée/groupe criminel organisé). To fight against organized crime, both laws also adopt an adapted repressive policy that allows the collaborator of justice to be exempted from penalty or to benefit from a reduction of the sentence. Procedurally, the two laws have adopted different approaches. The French law contains some special criminal procedures, applicable to organized crime, that derogate from ordinary criminal procedures. It also conferred on the specialized courts the competence to adjudicate the organized crime cases (the JIRS). The Kuwaiti law, on the other hand, is content with relying on ordinary criminal procedures and ordinary courts to apprehend organized crime. On this aspect, if the specialization of the French courts does not seem to be transposable into Kuwaiti law, the latter can adopt the French special criminal procedures to better combat organized crime
Alenezi, Nasser. "Nouvelles technologies et justice civile : analyse comparative des systèmes français et koweïtien." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0149.
Повний текст джерелаCivil justice is criticized for its slowness and the procedure for its complexity. Many challenges must be met to enable, while respecting the guarantees of a fair trial, civil cases to be processed within a reasonable time. The emergence of new communication technologies in the field of justice has already offered new solutions to simplify and accelerate procedures. Innovative perspectives are now being studied. But is the deployment of the use of new technologies in civil procedures necessarily a good way of handling disputes? Many emphasize the resulting gain in efficiency when others warn against abuses and excesses which can threaten the balance of procedures and the way in which justice is delivered. Access to the judge for all litigants is at the heart of the discussions. Furthermore, the fear of a robotization of justice linked to the emergence of start-ups and the insertion of programs using artificial intelligence in the field of Justice, threatens the nature of the legal professions. New technologies then appear to be “a double-edged sword”. The resulting benefits are tempered by the risks they generate. Relying on new technologies can be beneficial but only if their use remains in the service of justice and civil procedure, without prejudice to the essence of the action of the legal professions, without widening inequalities. regarding access to justice or opening a loophole regarding the protection of personal data. This topical study must be carried out in a comparative dimension in order to see if the measures applied and envisaged in France could be transposed into the Kuwaiti procedure which is lagging behind on this point. The objective of this thesis is therefore to analyze the scope of application and the challenges of new technologies in civil trials from a comparative law perspective
Mohammad, Adel Al Sayed Ali. "La garantie du dommage à la personne en droit civil koweïtien et la responsabilité sans faute en droit civil français : étude comparative entre les droits civils koweïtien, français, musulman." Paris 10, 1999. http://www.theses.fr/1999PA100175.
Повний текст джерелаAlenezi, Mordhi. "Contrat électronique et protection du consommateur en droit français et en droit koweïtien." Strasbourg, 2010. http://www.theses.fr/2010STRA4001.
Повний текст джерелаThe interest which dresses the e-commerce in a globalized economy makes no more doubt. Rules applicable to the electronic contract are henceforth known. However when the notion of electronic contract is evoked, it is impossible to neglect the protection of the cyber consumer. He is all the more vulnerable as he is going to make a commitment in a dematerialized and international environment. The guarantee of legal security which owes datum to the cyber consumer gets free throughout the contractual process. The consumer protection has to be made during the offer and the electronic acceptance in particular by the obligation of information and the proof of the consent of the consumer. Secondly, it is made during the execution of the mutual obligations of the parties and during the birth of disputes. These disputes have an international vocation due to the absence of any physical contact of the parties on the Internet network, where from the importance of the determination of the applicable law and that of the competent jurisdiction
Alkandari, Mohammed. "Les banques islamiques en droit koweïtien : "étude juridique à la lumière de la Charia"." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA017/document.
Повний текст джерелаIslamic banking is one of the most important topics. In Kuwait, a number of Islamic banks engage in banking and commercial transactions but they avoid interest "Riba" in their transactions. Consequently, the study proves the formal and procedural aspects of Islamic banks and their departments, including their transactions and services. The study then concludes with the explanation of the legitimate (Sharia) and legal aspects of the concept of "Riba"
Alsabah, Maryam. "Responsabilité du fait des choses : étude comparative du droit français et du droit Koweïtien." Thesis, Université Grenoble Alpes, 2020. http://www.theses.fr/2020GRALD010.
Повний текст джерелаMy research aims to study how the Kuwaiti system compensates victims in situations where the French system uses general liability for acts of things, based on article 1242, first paragraph of the French Civil Code. This study takes its interest from the fact that this liability in France is much criticized and it is even envisaged in one of the great projects of reform of the law of obligations to modify it. In particular, French courts have been faced, although not fully resolved, with the growing problem of what to do with obsolete laws manifestly unsuitable for current conditions. Until at least 1985, French courts have ruled on almost all tort cases under laws drafted in pre-industrial and pre-automobile times. Their performance is a tribute to what the judges can do. The French legislator never intervened in 1804, the date of the codification of the French Civil Code, to modify the common law regime of tort liability. This is not to say that the common law of French extracontractual liability has remained unchanged. In France, this right is essentially jurisprudential. The French legislator, by the March 2017 reform bill, however, takes up this task. Many are the change to come and are instead of arguing in French law, situate here that the big ones: disappearance of the liability attributable to buildings, disappearance of liability for fire, absorption of liability for animals by liability for acts of things. It is therefore interesting to see, at a time when we are considering reforms to the law of obligations in France, what other countries are doing in this area, such as Kuwait, in order to be able to put forward the most interesting system. Kuwaiti civil liability law, of recent codification, therefore presents some fairly innovative thinking
Althafiri, Meshal. "La protection juridique des majeurs : étude comparative entre les droits français, égyptien et koweïtien." Electronic Thesis or Diss., Bordeaux, 2025. http://www.theses.fr/2025BORD0018.
Повний текст джерелаThe law of protected persons is presented today in France, as a topical subject of current events by occupying a considerable space in the round tables of French lecturers, researchers and jurists. The subject of protected person law has always been a hot topic in Kuwait. The peculiarity of the legislative system of this country, declaring in its constitution as a Muslim country whose Islamic law is one of the main sources of its legislation, comes from the combination, often problematic, between the latter and the two other major sources that are 'Common Law' and Germanic civil / Roman law. The evolution of Kuwaiti laws in force is an omnipresent necessity which is imposed every time the legislator faces the evolution of society. Among the Gulf countries, Kuwait was one of the first has always expressed its desire to follow social and economic developments on an international scale, drawing inspiration from the Western example of which France constitutes one of the most interesting figures. , especially at the legislative level.The title of such work could be 'Legal protection of adults.' This thesis aims to compare French, Egyptian and Kuwaiti laws. Especially since the three rights do not provide the same guarantees, despite their claim to guarantee this protection.With regard to French law, with its multiple sources: internal, community and international law, it has established a solid and rich system, endowed with real means and a series of public and private institutions ensuring legal protection adults. However, the system is far from perfect. Efforts are still being made at all levels to fill the remaining gaps. Kuwaiti law and Egyptian law, for their part, have fairly recent systems, the sources of which come mainly from Muslim law, the civil code and international conventions.It will be interesting to compare how the Kuwaiti, Egyptian and French systems provide and guarantee legal protection for adults. What guarantees are provided by the three legislators ? What are the problems experienced by the three societies despite the particularity of each, in particular the Kuwaiti whose two thirds of the population are foreigners ?
Alotaibi, Najoud. "La copropriété immobilière, des modèles en transition : étude comparative du droit français et du droit koweïtien." Electronic Thesis or Diss., Université de Montpellier (2022-....), 2023. http://www.theses.fr/2023UMOND029.
Повний текст джерелаThe world is currently experiencing an undeniable movement of urban, environmental, and digital transition. The real estate sector is not immune to this movement, which raises important questions about the various issues in this area, particularly social, economic, and environmental. The current models of French and Kuwaiti real estate co-ownership, due to their unitary nature, do not allow us to answer such questions. Their inadequacies, both structural and organizational, call into question their very relevance. A legal transition is necessary more than ever to compensate for such inadequacies, exacerbated by the more global transitions affecting the real estate sector. This thesis proposes a redefinition of real estate co-ownership models to better respond to the diversity and complexity of the situations they face. A pluralist approach based on a harmonized but differentiated method of redefinition is defended; from a subjective point of view concerning the management bodies, but also from an objective point of view concerning the management documents
Alkhudhair, Ahmad. "La saisine du juge des référés en matière civile : étude comparative des droits français, égyptien et koweïtien." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA004/document.
Повний текст джерелаThis dissertation explains the issue that had a long-standing debate regarding the relationship between jurisdiction and judicial discretion on the light of three different legal jurisdictions ; France, Kuwait, and Egypt. In doing so, this thesis will explore the connection between these two principles, specifically as it pertains to recourse and interim relief. To achieve this goal, it offers two critiques of the system goals. First, strive to resolve the discrepancy between judicial discretion and their competence in determining jurisdiction through answering this question : does the judge is not competent or do not have the jurisdiction ? Does the judge have the power or the authority to grant interim relief ? I believe it is necessary to resolve this issue practically, not in theory. Second, eliminate the confusion between the concepts jurisdiction and the authority of a judge in issuing an injunction relief. The importance of this goal is arise due to the legal consequences that entailed by this distinction. The regimes of the defense, as well as procedural and substantive sanctions are no longer the same, depending on whether the judge of injunction relief declared the application is inadmissible, or the judge is not competent or when a judge exceeds a jurisdictional authority
هذه الأطروحة تهدف الى المشاركة في نقاش محل للجدل، طرح مسبقاً، حول العلاقة بين مفهوم الاختصاص وسلطة الفصل، في إطار التقاضي امام قاضي الأمور المستعجلة. فهي بهذا الشأن موجهه أولاً الى ممارسين مهنه المرافعات، وكذلك الى الفقه القانوني في الدول الثلاثة محل هذه الدراسة المقارنة ( الفرنسي، الكويتي، والمصري)، الذين تناولوا بسخاء هذه المسألة محل الخلاف، والتي دون ادنى شك لا تزال بعيده عن نهايتها. في الواقع، بالنسبة لنا هذه الدراسة، بقدر ما انها مقارنه تحليليه، بقدر ما انها ترمي الى أزاله الخلط بين مفهوم الاختصاص وسلطة الفصل. لما لهذه التفرقة من أهمية خصوصاً في المسائل المستعجلة. فهذا النقاش محل الجدل ليس في الواقع مجرد جدال نظري، وذلك بسبب العواقب القانونية المترتبة على هذه التفرقة. لاسيما إذا ما أخذنا بالاعتبار ان نظام وسائل الدافع وكذلك الجزاءات الاجرائية والموضوعية ليست متماثله؛ عندما يحكم قاضي الأمور المستعجلة بعدم القبول او بعدم الاختصاص او عندما يتجاوز حدود ولايته اَي حدود سلطته القاضية
Alshatti, Norah. "La motivation des décisions judiciaires civiles et la Cour de cassation : étude de droit comparé franco-koweïtien." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA005/document.
Повний текст джерелаThis study that compares the French legal system and the Kuwaiti legal system is a valuable study with multiple aspects to its legal research and professional applications. For France, the rulings of its "Court" and overseers is necessary for a just trial. Now, they both are a study subject for a project to alter the role of the “Court” in a general way. This project is of utmost importance to the Kuwaiti judicial system as it affected by its history with the French civil law. In addition, it is important as well for the respected and known place as the highest court in the judicial system. (Compared with the European court for human rights). It is without a doubt that Kuwait will take it into consideration these positive changes for the role of the "Court"
Jomaa, Mounir. "Organisation temporelle acoustique et articulatoire de la quantité en arabe tunisien : comparaisons avec l'arabe standard et l'arabe koweïtien." Grenoble 3, 1991. http://www.theses.fr/1991GRE39029.
Повний текст джерелаAlsfi, Bodor. "La protection constitutionnelle des droits fondamentaux au Koweït : étude comparée au système français." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D008.
Повний текст джерелаIn 1962, one year after the independence, Kuwait issued its constitution which adopted the Monarchical regime, and organized the formal relations among the different public authorities (Legislature, Executive and Judiciary). The constitution announced the individual rights and liberties as natural rights which are sacred and unalienable. So, it was necessary to provide means to protect such rights. In other words, as most of countries, Kuwait had to overcome the difficulties that related to control the constitutionality of legislations. Therefore, the legislator issued a special law in 1973, that gave a birth to the constitutional court, which is specializing in verifying the constitutionality of legislation. It remains to highlight that the Constitutional Judiciary in Kuwait is not in a shelter away from criticism. Certainly, the existence of a constitutional judge as a guard of liberties is a great step toward the state of law. But in the practice side there are many obstructions that raise doubts about the effectiveness of his mission. This research proposes to identify these obstructions and mentions the efforts to establish a constitutional justice, which seeks to achieve the greater part of the rights and liberties guaranteed by the constitution. Under this title, the comparison with the constitutional council in France may grant us great interests with keeping in mind that each institution exercises its own functions in different (cultures, political, and social) conditions
Alhoti, Najat. "Les rôles respectifs des parties et du juge dans le procès civil en première instance : étude comparative entre le droit français et koweïtien." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA016.
Повний текст джерелаThe civil trial is an essential means for the proper conduct of justice. Hebrings a difficulty of fact and law under consideration by a judge by a set of steps that must be followed to submit a claim to a civil court, which is called: a civil proceeding. The primary objective of the civil proceeding is to permit the exercise of effective justice, respects the right of each party to create a climate of legal certainty. At first glance, the distribution of the role of the judge and the parties in the merits of the civil judge appears simple, because the parties are in charge of the facts and the judge must make the law. In fact, the articulation of the judge and the parties is more complex. Specifically, the facts and the law is that the two sides of the same coin, it is difficult to precisely define the extent of the space to be occupied respectively the judge and the parties. Should we go in the direction of extension or limitation of the judicial power ? The civil trial should he remain the party thing ? And even the shape of the proceeding requires the comparison between the two systems trying to know if they got to reach the objective of the civil trial. Although the French and Kuwaiti legal system is at first a different, the value of such a comparative study is that to highlight the dysfunction in the civil trial in the first instance, and that especially in the Kuwaiti law. The study of French civil case will serve as a reference for making improvements in the civil case of Kuwait. The French civil procedure is historically much older than that of Kuwait. This is the law of 14 April 1806 which established the first code of civil procedure in France while Kuwait will have not much later. It appears that the momentum given to the civil trial in France and Kuwait is not the same, and that because of the wording in relation to the distribution of the role of the judge and the parties. In the French civil, these provisions are more explicit and precise while in the Kuwaiti civil, they appear more and more sparse implied. Thus, "blur" that prevails in the Kuwaiti civil trial, leaves more room for the intervention of the law that is more is not always consistent. It is then necessary to fill gaps in the Kuwaiti system to ensure greater legal certainty. The French model could be a source of inspiration to make improvements to the Kuwaiti civil trial. These improvements might include reorganizing the Code of Civil Procedure in order to make more visible the provisions concerning the distribution of the role of the judge and the parties in the original trial. It is also for legislative clarification to clarify and facilitate the conduct of the civil trial, determining the roles of the judge and the parties in the civil trial of first instance and to understand its implications and that under the angle of a comparative study between the french law and the Kuwaiti law
Alsaleh, halah. "La cassation du jugement pénal : approche comparative franco-koweïtienne." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA001/document.
Повний текст джерелаA study that aims to compare the cassation of judicial criminal judgment between that of the laws of France and Kuwait. Shall be done through the role and the mission of the Court of cassation, the guardian of criminal law. The Court ensures the protection of individual rights and freedoms once cassation appeal is submitted forward in the interest of the parties. French and Kuwait’s Court of cassation can meet on the domain field in relation to cassation in criminal matters (the control of cassation appeal and its exercisable conditions), yet it is not the same issue for the cassation appeal mechanism (the practice of the cassation appeal and the decision that of the Court).The laws implemented in Kuwait would gain clarity and efficiency that being from the direct inspiration from the French laws and liberating itself from the shackles of Egyptian laws. Reform and true commitment is the key to unlock this goal and is in turn necessary to improve cassation system of Kuwait
Mohammed, Shihab. "Dynamique des représentations sociales et mobilité académique : le cas des étudiants koweïtiens en France." Thesis, Besançon, 2014. http://www.theses.fr/2014BESA1031/document.
Повний текст джерелаOur research, which fits into the field of sociolinguistics, aims at providing a newinsight into the dynamics of social representations resulting from the experience of academic mobility. For this study we interview Kuwaiti students organized in four subgroups varying in their experience of mobility. This method of approach has been proved relevant for the assessment of how social representations evolves from the startof their mobility project up to the return to their country. The field study is exploratory and qualitative conducted through semi-directive interviews. The feedback from this study reveals that the subjects in a situation of academic mobility fit into the dynamics of identity, cultural as well as linguistic adaptation. Although an evolution of socialre presentations can occur under the effect of academic mobility this appears only to effect peripheral elements while the test-subjects retain well-preserved the central elements of social representation shares with their fellow-citizens. This research is a contribution to an increased awareness of a relatively unexpected context in theliterature and contributes to a better preparation for academic mobility projects from Kuwait to France
Al, Qallaf Eqbal. "Les obligations des professionnels dans la lutte contre le blanchiment d'argent : étude comparée entre les droits français et koweitïen." Thesis, Poitiers, 2013. http://www.theses.fr/2013POIT3012/document.
Повний текст джерелаThe crime of money laundering is not only considered to be an organized international crime but also an advanced and sophisticated task of fast and remarkable technology, which led to its spread globally over twenty years, particularly after 11 September 2001 attacks. Hence, the international community has called for the need to confront it at the regional and global level through the treaties and agreements, to prevent money laundering and terrorism funding. Money laundering is considered an organized crime as it has negative effects like economic crises. So it is necessary to exert efforts to stop its spread. There are three obligations to fight this crime, either it is for legal, accounting, or investment banking careers. These obligations aim at looking for sources of illegal and laundering money so as not to hide its illegal source but also to prevent its reuse or recycling. To confront this crime, there are three interrelated and interdependent obligations. First, traditional obligation of professional secrecy. Secondly, censorship or monitoring obligation can be diluted or intensive to fit (be adapted to) the dangerous degree which is shown through its implementation either in the legal, accounting, or banking transactions. Thirdly, the notification's obligation of suspicious transactions to the state's authorities to receive the suspicious notification of money laundering. This study is a critical and analytical comparison of French and Kuwait law through legal, legislative and procedure perspective
Alhajri, Muna. "Le Contrat BOT (Build, Operate, Transfer) au Koweït : un modèle de partenariat public-privé." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0063.
Повний текст джерелаThe Public Authorities (Government) of Kuwait aim to create a favorable investor climate, with particular emphasis on public-private partnerships. Thus, in 2008, the Kuwaiti Parliament passed Law 7/2008, which includes a general organization of contracts of construction, exploitation and transfer (BOT) “Build, Operate and Transfer”. The legislator subsequently adopted the law 116/2014 on the partnership which repeats in more detail the forms of public-private cooperation. To this end, two bodies have been created: the High Committee and the Projects Authority, with extensive expertise in the training and execution of the BOT contract (call for tenders, negotiations, conclusion of the contract, its duration, financing, etc.). The objective of this study is to deal, from this legislation, with the concept of BOT contract that specialists readily assimilate to the term of concession, or that of public service delegation. In this perspective, it is necessary to address the financial arrangement and the legal nature of the BOT contract.The implementation of the BOT contract involves a diversity of contracting parties (administration, private partners, creditors, construction companies, equipment suppliers, capital investors, consumer users of products, etc.), which makes the implementation of this type of contract rather complex. This complexity can be seriously arisen in Kuwait, as the country has just inaugurated this procurement procedure directly involving the public and the private sector.The financial set-up of the BOT contracts, known as the "financing project", relies almost entirely on private actors. Therefore, the question that arises is that of the distribution of risks. In this regard, the analysis seeks to understand why financing risks are borne mainly by the private operator, indirectly by the project company, and directly by the lender, in this case the banks. However, to cover these risks, the BOT contract provides, for the benefit of fund providers, a number of guarantees covering both the project assets (equipment, tools, inventory, transfer of receivables) and the project itself (pledging and hypothecation of shares in the project company, transfer of income, substitution banks to the defaulting private promoter).The legal nature of the BOT contract raises two major questions: the first is whether this type of contract falls under administrative law or civil law. The second deals with disputes that may arise from this type of contract, which includes a wide range of foreign elements (outside investment, technology transfer, etc.) and is subject to international arbitration. At this level, one must know the applicable law: is it domestic law or international law? It is to this set of questions that this research tries to bring a beginning of answer by taking as a framework of reflection the Kuwaiti context