Amendments to the Notarization and Civil Law

The Cabinet, in its meeting yesterday chaired by His Highness Sheikh Ahmad Abdullah Al-Sabah, Prime Minister, approved a draft decree-law amending certain provisions of Law No. 10 of 2020 concerning Notarization. This initiative aims to streamline procedures, enhance electronic integration among competent authorities, and strengthen official records and documents, while preserving existing legal statuses.

The draft decree seeks to organize and develop notarization procedures at the Notarization Department of the Ministry of Justice through two main tracks. The first involves abolishing the authority of the government notary to notarize corporate documents and transferring this function to the Commercial Register Unit at the Ministry of Commerce and Industry, while regulating coordination and record exchange between the two entities. The second track covers the notarization of personal status matters, including marriage, divorce of all types, reconciliation, and related prior marriage qualifications and pre-divorce reconciliation attempts, while regulating remote electronic notarization.

The Council also approved a draft decree-law amending Article 830 of the Civil Law issued by Decree-Law No. 67 of 1980, by adding two new paragraphs. This amendment restricts the scope of the article to residential property held in co-ownership, excluding other jointly owned assets. It grants the court the authority to order the continuation of co-ownership for a specified period to protect a partner who has no other shelter, and allows the remaining partners to acquire the share of the party requesting partition at its fair market value, instead of selling the property at a public auction when physical division is not feasible.

On another note, the Council expressed its strong condemnation and denunciation of the ongoing, blatant, and shameful attacks by the Houthi militia against the holy city of Mecca and the city of Medina in the Kingdom of Saudi Arabia. These actions constitute a provocation to the feelings of Muslims worldwide and represent a serious escalation in the violation of the sanctity of Islamic holy sites.

Kuwait reaffirmed its support for the legitimate Yemeni government, as well as the sovereignty, independence, and territorial integrity of the sisterly Republic of Yemen. It commended the earnest efforts of the Kingdom of Saudi Arabia since 2014 to support initiatives aimed at reaching a comprehensive and sustainable political settlement in Yemen.

For further details: Kuwait reaffirmed its absolute solidarity with Saudi Arabia, standing by its side and supporting all its measures to safeguard its sovereignty and security. It emphasized that Saudi security is an integral part of Kuwait’s security and the security of the Gulf Cooperation Council (GCC) states. The Cabinet approved amendments to the Notarization and Civil Laws.

The Cabinet held its meeting yesterday, presided over by His Highness Sheikh Ahmad Abdullah Al-Salim Al-Sabah, Prime Minister. Following the meeting, Deputy Prime Minister and Minister of State for Cabinet Affairs, Sharidh Al-Muwasharji, issued the following statement: At the outset of its meeting, the Cabinet was briefed on the outcomes of the official visit undertaken last week by His Highness the Crown Prince Sheikh Sabah Al-Khaled Al-Sabah and the official delegation accompanying him to Bern, the capital of the Swiss Confederation, as well as the substance of the official talks between the State of Kuwait and the friendly Swiss Confederation. During the talks, His Highness the Crown Prince Sheikh Sabah Al-Khaled Al-Sabah led the Kuwaiti side, while the President of the Swiss Confederation, Guy Parmelin, led the Swiss side. The discussions reviewed the bilateral relations between the two countries and their friendly peoples, ways to support and develop these relations across various fields, and expanding the frameworks of cooperation between the State of Kuwait and the friendly Swiss Confederation to broader horizons that serve their mutual interests. Additionally, the most important issues of common interest and the latest developments on the regional and international scenes were discussed, with an exchange of views on these matters. This official visit culminated in the signing of a memorandum of understanding on promoting direct investment between the Kuwait Direct Investment Promotion Authority and the Swiss Global Enterprise, in the presence of His Highness the Crown Prince Sheikh Sabah Al-Khaled Al-Sabah and President of the Swiss Confederation Guy Parmelin.

Kuwaiti officials signed a memorandum of understanding (MoU) with their Swiss counterparts to enhance economic and investment cooperation. The MoU was signed on behalf of Kuwait by Dr. Meshal Jaber Al-Ahmad, Director General of the Direct Investment Promotion Authority, and on behalf of Switzerland by Magali Herro, Chief Executive Officer of Investment Promotion and Member of the Executive Board of the Swiss Global Enterprise. This agreement reflects the commitment of the State of Kuwait and the Swiss Confederation to develop frameworks for economic and investment cooperation, strengthen partnership in areas of mutual interest, support direct investment opportunities, achieve mutual benefits, and consolidate the distinguished relations between the two friendly countries.

The signing took place during an official visit marked by a ceremony commemorating the 60th anniversary of diplomatic relations between the two countries. The event was attended by His Highness the Crown Prince, Sheikh Sabah Al-Khaled Al-Sabah, and Swiss President Guy Parmelin, along with senior officials from both sides.

On another note, the Council of Ministers expressed its strong condemnation and denunciation of the ongoing, brazen, and shameful attacks by the Houthi militia against the holy cities of Mecca and Medina in the brotherly Kingdom of Saudi Arabia. These acts constitute a provocation to the feelings of Muslims worldwide and a serious escalation in violating the sanctity of Islamic holy sites. Furthermore, the Council condemned attacks against the capital Riyadh and other cities in the Kingdom, as well as the targeting of civilians, civilian and economic assets, and ships in the Red Sea and the Bab al-Mandab Strait. Such actions threaten regional security and the safety of maritime navigation. The Council of Ministers reiterated Kuwait’s firm rejection of these cowardly hostile acts, which represent a blatant violation of the Kingdom’s sovereignty and a flagrant breach of international law and international humanitarian law.

Reaffirming Kuwait’s support for the legitimate Yemeni government and for the sovereignty, independence, and territorial integrity of the brotherly Republic of Yemen, the Council commended the persistent efforts of the Kingdom of Saudi Arabia since 2014 to support initiatives aimed at reaching a comprehensive and sustainable political settlement in Yemen, in accordance with the three reference points, and its leadership of the coalition supporting legitimacy in Yemen. The Council called upon the UN Security Council to fulfill its responsibilities and implement its relevant resolutions, particularly Resolutions 2216 and 2817. It reiterated Kuwait’s absolute solidarity with the Kingdom of Saudi Arabia, standing by its side and supporting all measures taken to safeguard its sovereignty, security, and the protection of its citizens and residents. The Council emphasized that the security of the Kingdom is an integral part of Kuwait’s security and the security of the Gulf Cooperation Council (GCC) countries.

In a separate development, the Council of Ministers heard a briefing from Minister of State for Foreign Affairs Sheikh Jara Al-Jaber regarding the political and diplomatic efforts undertaken by the Ministry of Foreign Affairs and its diplomatic missions abroad to keep pace with the latest developments in regional and international arenas.

On another front, the Council of Ministers approved a draft law-amending decree to modify certain provisions of Law No. 10 of 2020 concerning Notarization. The draft aims to simplify procedures, develop electronic integration among competent authorities, and enhance official records and documents while preserving existing legal statuses.

The draft law seeks to regulate and develop notarization procedures within the Notarization Department at the Ministry of Justice through two main tracks. The first involves abolishing the authority of the government notary to notarize corporate documents and transferring this function to the specialized unit at the Commercial Register within the Ministry of Commerce and Industry, while organizing coordination and record exchange between the two entities. The second track covers the notarization of personal status matters, including marriage, divorce of various types, reconciliation (ruju’), and related pre-marriage qualification and pre-divorce reconciliation attempts, while also organizing remote electronic notarization.

The draft law aims to protect family rights by mandating the notarization of marriage facts, divorce of various types, and reconciliation, linking them to pre-marriage qualification and reconciliation attempts. It also keeps pace with technology by introducing remote electronic notarization and linking judicial records. The draft law stipulates that a marriage contract cannot be notarized unless both parties have completed the pre-marriage qualification program. A decision by the Minister of Justice will determine the program’s curriculum, duration, completion requirements, and the executing entity.

The Council of Ministers submitted the draft law-amending decree modifying certain provisions of Law No. 10 of 2020 concerning Notarization to His Highness the Crown Prince, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah.

The Council of Ministers also approved a draft law-amending decree to modify Article 830 of the Civil Law issued by Decree-Law No. 67 of 1980. This amendment adds two new clauses to limit the article’s scope to residential property owned in co-ownership, excluding other types of co-owned assets. It grants the court the authority to order continued co-ownership for a specified period to protect a partner who has no other shelter. It also allows other partners to acquire the share of the partition applicant at its fair market value, instead of selling the property at a public auction when physical division is impossible.

The draft law aims to balance the partner’s right to exit co-ownership and claim the fair value of their share with the other partners’ interest in retaining their residential property and protecting the partner with no other shelter. It makes continued co-ownership a temporary exception subject to two conditions, terminable upon their removal. It allows acquisition as an alternative to auction, with safeguards ensuring the seriousness of the request, preventing prolonged litigation, and preserving established statuses by not affecting rulings on auction awards.

Key axes of the draft law include:

* Scope and subject of the amendment.

* Court’s authority to order continued co-ownership.

* Conditions for ruling on continued co-ownership.

* Acquisition of the partition applicant’s share at fair market value.

* Provisions regarding multiple applicants for acquisition and deposit.

* Effect of failing to deposit within the specified period.

* Temporal scope of application and ruling on established statuses.

The Council of Ministers submitted the draft law-amending decree modifying Article 830 of the Civil Law issued by Decree-Law No. 67 of 1980 to His Highness the Crown Prince, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah.

The Council of Ministers reviewed several agenda items, reports, and minutes of ministerial committees, approving them. It also decided to refer some items to the relevant ministerial committees for study and submission of appropriate recommendations to complete the procedures for their implementation.