التطبيقات القضائية للقانون الكويتي لحل الخلاف بين الزوجين بعد الفرقة في قسمة المهايأة

Abstract

The study aimed to clarify the concept of 'Sharing Division', and the subsequent disagreement between spouses after separation over common financial entitlements in real estate or business, indicating the judicial applications of Kuwaiti Civil Law. This is important due to the frequent disputes between the spouses in the Kuwaiti courts during separation about the division of common property housing between them. Actually, the total number of family cases brought before the Personal Status Courts in one year was more than (5,848).  This means that we have family problems that are most needed to provide them with critical legal and judicial solutions. Consequently, the researcher has adopted the inductive analytical approach in which he relied on the analysis of the jurisprudence and legal provisions of the problem.

Last but not least, he concluded his study with a set of findings, most notably that the meaning of the 'Sharing Division' is to exchange the benefits between partners by discharging or liquidating for a period of time. Therefore, each partner benefits as much as his share of the common money. Moreover, the judge must divide the money between them, when 'Sharing Division' can't be done, by the way of discharging if he can, otherwise the judge can sell it and divide it between them. Furthermore, Kuwaiti Civil Law guarantees the resolution of disputes that arise between spouses after separation regarding the division of common money.