The Fight against the Exploitation of Vulnerability According to the Kuwaiti Civil Code

The Kuwaiti legislator has introduced within the Civil Code articles to combat the abuse of a contractor’s vulnerability. We were able to demonstrate drawbacks to the concept, conditions, and effects. It is recommended to cancel these articles and replace them with others. In the search for alternatives, we found the rules regarding lesion and consent could be applied in place of exploitation of vulnerability. Nevertheless, we have excluded them from consideration as only certain people have the ability to invoke these rules. Overall, it seems to the author that the principle of good faith and the principle of loyalty, which reign all phases of contraction, are sufficient to protect the vulnerable and disadvantaged. The contractors must conclude and execute the contract fairly and in good faith. It is deemed as bad faith and lack of loyalty when someone seeks to profit from the vulnerable position of his contractor.