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Volume :44 Issue : 170 2018      Add To Cart                                                                    Download

Determination of the Scope of Proxy According to Kuwaiti Law.

Auther : Dr. Husain M. Alrashidi

     The proxy is considered one of the most important contracts that people need to make their lives easier. However, it is also a dangerous tool if used incorrectly. The powers of the representative should be determined. The proxy can be general, which confers on the mandatory only the power to exercise the administrative acts and the related acts of disposition. Nevertheless, if it is a private proxy, its object could be the exercise of acts of administration or acts of disposition. However, there are some problems about the scope of the proxy. This is because the criterion for distinguishing between the general and private proxy is ambiguous. Having excluded the nature of the act from being a discrimination criterion, we believe we must refer to the expressions used in the proxy. As for the proxy entitled "general mandate", where the principal requires the realization of one (or more) action (s) specific (s), we consider it a private proxy, although the Kuwaiti jurisprudence describes it as a general proxy. Therefore, we suggest calling it a comprehensive proxy.
 

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May 18, 2017

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