Law No (22) of 2004 Promulgating the Civil Code
We, Hamad Bin Khalifa Al Thani, Emir of Qatar,
After perusal of the amended provisional constitution, particularly Articles (1), (23), (34) and (51) thereof; and
Law of Civil and Commercial Matters promulgated by Law No. (16) of 1971 as amended by Law No. (10) of 1982; and
Law of Civil and Commercial Procedure promulgated by Law No. (13) of 1990 as amended by Law No. (7) of 1995; and
Decretal Law No. (14) of 1991 organizing the Ministry of Justice and designating its jurisdictions as amended by Law No (11) of 2002; and The Judicial Authority law promulgated by Law No. (10) of 2003; and The proposal of the Minister of Justice and the draft law submitted by the Council of Ministers; and
After consulting the Shura Council; Have decreed the following law:
Article (1)
The provisions of the civil code accompanying this law shall be applied, while the introductory part and Book I (Articles 1 to 208) of the Civil and Commercial Matters referred to above shall be repealed.
Article (2)
All competent authorities shall, their respective spheres of competence, implement this law. This law shall be published in the official gazette.
Hamad bin Khalifa Al Thani Emir of the State of Qatar
Issued at the Amiri Diwan on 12/5/1425 A.H. corresponding to 30/6/2004 A.D.
Civil Code
Introductory Part – General Provisions
Chapter I- Application of Law in terms of Time and Place Section I – Application of Law
Article 1
1. Legislative provisions shall apply to the matters covered by such provisions in text and purport.
2. In the absence of a legislative provision, the judges shall rule in accordance with the Islamic Sharia. If no principle exits, he shall rule in accordance with natural rule, or with the rules of justice.
Article 2
1. No legislative provision shall be repealed except by virtue of a subsequent legislation expressly providing for this repeal or containing a provision contradictory to the previous legislation provision.
2. In case of issuing a legislation governing anew a subject governed by a previous legislation, the new legislation shall repeal all the provisions of the previous one.
Section II - Application of Law in terms of Time
Article 3
1. The new law shall apply to all matters occurring from the date of its application unless it contains a provision to the contrary.
2. The effects of disposals shall remain subject to the law in force at the time of their conclusion unless the provisions of the new law concern the general order, in which case they shall apply to the effects resulting after applying the law.
Article 4
1. Provisions relating to legal capacity shall apply to all persons they cover from the time of their application.
2. Subject to the provisions of the new law, no change in the legal capacity shall affect the disposals preceding its application.
Article 5
1. The new provisions relating to limitations shall apply from the time of their application to any period of limitation which has not expired. 2. However, the old provisions shall apply to questions relating to the commencement, suspension and cessation of limitation In respect of the period preceding the application of the new provisions.
Article 6
If the new law prolongs a period of limitation that has not expired, the part of limitation that elapses before applying this law shall be reckoned.
Article 7
If the new law shortens the period of limitation, the new period shall apply from the time of applying this law unless the remaining part of the limitation period is shorter according to the old law, in which case limitation shall terminate upon expiry of the remaining part.
Article 8
Evidence and its determinative effect shall be subject to the provisions of the law operative at the time the facts and disposals to be proved occur.
Article 9
Time limits shall be shall be calculated according to the Gregorian calendar unless the law provides otherwise.
Section III - Application of Law in terms of Place
Article 10
The Qatari law shall be the reference for the characterization of legal relations when it is required to determine the nature of such relations in a case of conflicting laws as regards which of such laws should be applicable.
Article 11
The civil status and competence of persons shall be subject to the law of the state of which they are nationals. However, In respect of financial disposals concluded in Qatar and producing results therein, if one of the parties is a foreigner lacking legal capacity due to a hidden cause that is no easy for the other party to discover, such cause shall have no effect on his capacity.
Article 12
With regard to the legal regulation of foreign juridical persons including companies, associations, establishments and otherwise, the law of the state in which such bodies have their actual head administrative office shall apply. If such bodies carry on their main activity in Qatar without having their actual head administrative office therein, the Qatari law shall apply.
Article 13
Substantive conditions for the validity of marriages such as eligibility, valid consent and freedom from legal impediments shall be governed by the nationality law of each of the spouses applied at the time the marriage was contracted.
If one of the spouses is Qatari at the time of concluding the marriage contract, only the Qatari law shall apply with the exception of the competence clause.
Article 14
Formalities of marriage such as legalization and religious ceremonies shall be governed by the law of the country where marriage takes place, or the nationality law of each spouse or their common domicile law.
Article 15
The law governing the formalities of marriages shall be the reference for proving such marriages.
Article 16
1. The husband’s nationality law applied at the time of contracting the marriage shall be the reference In respect of the personal and financial effects of marriage such as permitted cohabitation, obedience, waiting period, alimony and dowry.
2. If the spouses unite in nationality after marriage, their nationality law shall apply to the effects of marriage.
Article 17
(2) Divorce, forced divorce and separation shall be governed by the spouses’ common nationality law applied at the time of divorce or filing the action for a forced divorce or separation. If the spouses are different in nationality, the husband’s nationality law applied at the time of contracting the marriage shall apply.
Article 18
Engagement shall be governed by the provisions set forth in the Articles above concerning marriage.
Article 19
The father’s nationality law applied at the time of birth shall apply at to matters concerning filiation, recognition and denial of filiation. If the father dies before the birth of his child, his nationality law applied at the time of death shall apply.
Article 20
The father’s nationality law shall apply to substantive matters concerning guardianship of the person and custody.
Article 21
Obligations to support relatives shall be governed by the nationality law of the person having such obligation.
Article 22
Substantive matters relating to guardianship, trusteeship, maintenance and other systems laid down for the protection of minors, interdicts,
absent persons shall be governed by the law of the person to be protected.
Article 23
1. Inheritance shall be governed by the decedent’s nationality law at the time of his death.
2. Legacies located in Qatar for which there is no inheritor shall be governed by the provisions of the Qatari law.
Article 24
1. Wills and disposals effective after death shall be governed by the nationality law of the disposer at the time of his death.
2. However, the forms of wills and other disposals taking effect after death shall be governed by the nationality law the disposer at the time of the disposal, or the law of country where the disposal is made.
Article 25
1. The lex situs shall apply to the possession and ownership of the property, the in kind rights resulting in respect of the property, the methods of acquisition, transfer and forfeiture of such rights. 2. The lex situs shall determine whether such property is real or
moveable.
Article 26
Possession, ownership, other in kind rights resulting in respect of movable property, the methods of acquisition, transfer and forfeiture of such rights shall be governed by the law of the place where such moveable property is situated at the time when the cause resulting in the acquisition or loss of possession, ownership or other rights arose.
Article 27
The formal conditions of and the effects resulting from the contract shall be governed by the law of the state in which the contracting parties have their common domicile. If they are different in domicile,
the law of the state where the contract is concluded shall apply unless otherwise agreed by the contracting parties or if it transpires from circumstances that another law is to be applied.
However, the lex situs shall apply to contracts made in respect of the property.
Article 28
Labor contracts concluded by owners of businesses with their workers and employees shall be governed by the law of the state where the head office of the business is situated shall apply. If the head office of such business is situated aboard and the branches of such business in Qatar conclude such contracts, the Qatari law shall be applicable.
Article 29
The form of the contract shall be governed by the law of the state where it is concluded. The law governing the substantive provisions of the contract, the law of the country of the contracting parties or their common national law may also apply.
Article 30
Obligations arising from illegitimate work shall be governed by the law of the country in which the act giving rise to the obligation took place. The provisions of the foregoing paragraph shall not apply to obligations that arise abroad and are legitimate in Qatar even if they are considered illegitimate in the country of occurrence.
Article 31
Obligations arising from enrichment without legal cause, payment of undue amount and officious performance shall be governed by the law of the country in which the act giving rise to the obligation occurs.
Article 32
The Court of Qatar shall apply the rules of jurisdiction and all procedural matters prescribed by the Qatari law to legal relations involving foreigners.
Article 33
The provisions of the foregoing Articles shall not apply to cases where there is a contrary provision in a special law or in an international convention in force in Qatar.
Article 34
Matter concerning which the above Articles contain no special provision In respect of the conflict of laws shall be governed by the principles of private international law.
Article 35
1. The judge shall determine the law to be applied to the case of persons of unknown nationality, or persons who prove to have several nationalities at the same time.
2. However, the Qatari law shall apply to persons who prove to have the Qatari nationality and that of another state at the same time.
Article 36
If it transpires from the provisions of the foregoing Articles that the law to be applied is the law of a particular state having various legal systems, the domestic law of such state shall determine which legal system is to be applied.
Article 37
If it is decided that a foreign law is to be applied, only the domestic provisions thereof shall be applied exclusive of those provisions relating to private international law.
Article 38
No provisions of a law specified by the preceding Articles may be applied if such provisions are contrary to the public order or morals observed in Qatar. In such case, the Qatari law shall be applied.
Chapter II - Persons Section I - Natural Persons
Article 39
1. Man’s personality shall begin with his complete live birth and end with his death.
2. Missing and absent persons and foundlings shall be governed by the provisions prescribed in special laws or those of the Islamic Sharia in the absence of such provisions.
Article 40
Dormant pregnancy shall be valid as proof of the rights the cause of which doe not require acceptance subject to complete live birth.
Article 41
A person’s domicile is the place where he usually resides. Any person may have more than one domicile at the same time.
Article 42
The place in which a person carries on a trade or a craft shall be deemed his domicile In respect of such trade or craft.
Article 43
1. The domicile of a minor, an interdict and an absent person shall be the domicile of their legal representative.
2. However, minors and interdicts and absent persons shall have a special domicile In respect of the acts and disposals they are legally considered competent to undertake.
Article 44
1. A chosen domicile may be established for particular legal activity. 2. The chosen domicile shall be recognized In respect of the legal activity for which it is established including procedures of forced execution unless such domicile is restricted to certain matters exclusively by an express stipulation.
Article 45
1. A person’s family is composed of his wife and relatives. 2. Relative are those combined by a common ancestor.
Article 46
1. Direct affinity is the relations between ancestors and descendents. 2. Collateral affinity is the relations between persons combined by a common ancestor without any of them being the descendant of the other.
Article 47
1. The direct affinity degree shall be determined by regarding each ancestor as a degree without reckoning the ancestor.
2. The collateral affinity degree shall be determined by the number of descendents in an ascending order from the descendent to the common ancestor, then in a descending order from such common ancestor to the other descendant without reckoning such ancestor.
Article 48
The degree of marriage connections shall be determined by the degree of relation to the husband.
Article 49
1. Each person attaining the age of maturity shall be legally competent to undertake legal disposals unless there is a decision for continuing guardianship or trusteeship over his property or interdicting him.
2. The age of maturity shall be eighteen years in full.
Article 50
1. No person lacking in discretion because of his young age, imbecility or insanity shall be competent to exercise his legal disposals.
2. Persons under the age of seven years shall be deemed lacking in discretion.
Article 51
Any person who has reached the age of discretion without reaching the age of maturity and any person who has reached the age of maturity but is prodigal or unmindful shall be lacking in legal capacity as prescribed by the law.
Article 52
Persons of no legal capacity or of defective legal capacity shall be subject to the conditions of property guardianship prescribed in special laws.
Section II - Juridical Persons
Article 53
Juridical persons shall include:
1. The State and its administrative units granted the capacity of a juridical personality by the law and municipalities.
2. Authorities and corporations. 3. Waqfs (endowments).
4. Civil and trade companies, save as excluded by a special provision. 5. Private societies and establishments as prescribed by the law.
Any group of persons or property granted the capacity of a juridical personality by the law.
Article 54
1. A juridical person shall enjoy all rights, with the exception of those concomitant to the capacity of being a natural person, within the limits laid down by law.
2. A juridical person shall have:- (a) An independent patrimony
(b) A legal capacity within the limits laid down by the document of institution or as prescribed by the law.
(d) A separate domicile, the place where the head administration office is situated. The place where a branch of the juridical person is situated may be considered the judicial person’s domicile In respect of the matters pertaining to the activities of such branch.
(e) A nationality.
Article 55
As to the juridical person having its head office abroad but having an activity in Qatar, the place where its local administration is situated shall be considered its domicile In respect of such activity.
Chapter III- Things and Property Article 56
1. Any thing falling outside the scope of dealings by nature or the rule of law may become an object of financial rights.
2. Things falling outside the scope of dealing are by nature those that no one can possess exclusively, but things falling outside the scope of dealing by the rule of law are those that the law does not allow to become an object of financial rights.
Article 57
1. Realties and movables belonging to the state or public juridical persons shall be considered public property if they are allocated for public utility or virtually by the law.
2. In all cases, such property may not be disposed of, attached or acquired by prescription.
Article 58
Public property shall lose its public property with the termination its allocation for public utility.
Such allocation shall be terminated virtually, by virtue of the law or upon the termination of the purpose for which such property was allocated for public utility.
Article 59
1. Anything settled and fixed it its place and cannot be moved therefrom without damaging or changing its appearance shall be a realty; all other things shall be considered movables.
2. However, any movable placed by its owners in a property this owner possesses to serve such property or exploit it shall be a movable by allocation
3. Any real right accruing in respect of a realty shall be a real property. All other financial rights shall be considered movable properties.
Article 60
1. Fungible things are things of such a similar or close nature that some of them replace the others by custom without any significant distinction, and which are calculated in dealing by number, measurement, capacity or weight.
2. Things of value are things that vary in characteristics or value significantly by custom or that are rarely traded.
Article 61
1. Consumable things are those that cannot be used without consumption or spending.
2. All items prepared for sale in trading stores shall be consumable things.
Chapter IV– Use of Right Article 62
Whoever used his right licitly shall not be held accountable for whatever damage that may arise therefrom.
Article 63
Using the right shall illicit in the following cases: 1. If the intended interest of use is illicit.
2. If the intent is to cause harm to others only.
3. If the intended interest is completely inconsistent with the harm caused to others.
4. If the use of the right is liable to cause unusually exorbitant harm to others.
Section I – Personal Rights or Obligations Book I – Obligations in General
Part 1 – Sources of Obligation Chapter I– Contracts Section I – Elements of Contract
Article 64
A contract shall be concluded by the mere confluence of offer and acceptance if the object of and reason of the contract are legally acceptable without prejudice to any special formalities the law may require for the conclusion of certain contracts.
I: Consent Article 65
1. Will may be expressed verbally, in writing, a commonly used sign, an actual interchange indicating consent or by adopting any other attitude in respect of the connotation or intended fact the conditions of the situation do not admit of doubting.
2. Will may be also expressed implicitly unless the law, the agreement or the nature of the transaction does not require that such expression be explicit.
Article 66
1. Expressing the will shall occur at the time it emanates from the expresser. However, the expression shall produce its effects only when it reaches the addressee’s knowledge.
2. When the expression of will reaches the addressee, it shall be evidence of his knowledge thereof unless evidence to the contrary is produced.
Article 67
The expression of will shall have no effect if a retraction of such expression reaches the addressee before or at time such expression reaches him.
Article 68
1. If the expression of will differs from the actual intent of the expresser, the intent shall be the criterion.
2. However, the addressee of the expression of will may count on such expression even though it contradicts the intent of the expresser if he proves that he believed that the expression was coincident with the true will and that the conditions of the situation did not raise doubt over such coincidence.
Offer Article 69
1. An offer may by addressed to unidentified persons as long as the identity of the desired contractee is not considered essential for the contract.
2. The offer of goods accompanied by an indication of their prices shall be regarded as an offer subject to the rules of trade.
3. Publications, advertisements, sending or distribution of price lists used in trading, any other statement connected with offers or orders addressed to the public or particular individuals shall not be regarded as an offer as long as the conditions of the situation do not show otherwise.
Article 70
1. The offerer shall have the option to retract his offer as long as it is not coupled with acceptance.
2. However, if the offerer has fixed a time limit for acceptance or such time limit is required by the conditions of the situation or the nature of the transaction, the offer shall remain existent throughout such time limit and lapse upon its expiry.
Article 71
The offerer’s death or loss of legal capacity shall terminate the offer. Acceptance
Article 72
1. The acceptance must coincide with the offer for concluding the contract.
2. If the reply exceeds, restricts or otherwise varies the subject matter of the offer, such reply shall be regarded as rejection containing a new offer.
Article 73
1) No statement shall be ascribed to a person who remains silent, but silence in the case requiring a statement shall be regarded as acceptance.
2) The buyer’s silence after receiving the good he has bought shall be regarded as acceptance of the terms contained in the price list.
Article 74
Acceptance shall be terminated by the acceptor’s death or loss of legal capacity before it reaches the offerer’s knowledge.
Confluence of Offer and Acceptance Article 75
If the offer is made at the contract session without containing a time limit for acceptance, both parties shall retain the option to retract from the time the offer is made until the session ends. If the offerer retracts his offer or if the session ends without acceptance, the offer shall be rejected.
Article 76
If the offer is accepted, the contract shall be concluded unless otherwise agreed or required by the law or usage.
Article 77
A contract concluded by correspondence shall be deemed to have been made at the time and place when and where acceptance reaches the offerer’s knowledge unless otherwise agreed or required by the law or usage.
Article 78
A contract made by telephone or in any similar way shall be regarded, in respect of time, as if it had been made between present contracting parties and between absent contracting parties with regard to place.
Article 79
If the contracting parties agree on all the essential elements of the contract and leave matters of detail to be agreed upon later on without stating that the contract shall not be valid if such matters are not agreed upon, the contract shall be regarded to have been made.
If a dispute arises over the matters which have not been agreed upon, the court shall decide thereon in accordance with the nature of the transaction, the provisions of the law and rules of justice.
Article 80
1. If the contracting parties agree that their affairs shall be governed by the provisions of a standard contract or regulations, such provisions shall apply unless any of them proves that he did not learn about such provisions or have the chance to learn about them at the time of the agreement.
2. If the provisions of the standard contract or regulations of which no knowledge has been taken are essential, the contract shall be invalid. If the provisions are auxiliary, the judge shall decide the dispute concerning them in accordance with the nature of the transaction, current usage and rules of justice.
Agency for Contracting Article 81
A contract may be made by agency unless the law requires it to be made by the concerned party in person.
Article 82
1. The agent’s authority shall be determined by the deed of his agency.
2. However, if the agency arises under an agreement and the principal announces his agent’s authorities and notifies them to third parties, any one who receives the announcement or notice may contract with the agent pursuant to such authorities even if they exceed those set forth in the deed of agency.
Article 83
1. If a contract is made by agency, the person of the agent not that the principal shall be the criterion for considering the defects of consent or the effect of actual or presumed knowledge or ignorance of certain circumstances.
2. Nevertheless, if the agency arises by an agreement and the agent disposes according to specific instructions from the principal, the principal may not within the executive limits of his instructions plead the ignorance of the agent of circumstances of which the principal knew himself or which he should have known, whereupon the defects of the principal’s consent shall be considered.
Article 84
If within the limits of his agency the agent makes a contact in the name of the principal, all the effects resulting from such contract shall directly devolve upon the principal.
Article 85
If a person makes a contract with an agent who does not disclose his capacity, the contract shall be regarded to have been made between the
agent in person and the contractee unless the contractee knows or should have known of such capacity, or it makes no difference for him to enter into a contract with the agent or the principal, in which case the effects of the contract shall devolve upon the principal.
Article 86
In cases of agreed agency, if the agent enters into a contract in the principal’s name after the termination of his agency, the contractee may plead the contract on the basis of the agency if he and the agent don’t know at the time of contracting about such termination or if they could not have known about such termination if they had used ordinary care and diligence as required by the conditions of the situation.
Article 87
1. If one person enters into a contract for another without being his agent or if he exceeds the limits of his agency, the effects of such contract shall not be binding on the principal unless he ratifies the disposals pursuant to the law.
2. If the disposal is not ratified, the other contracting party may claim compensation from the person assuming the capacity of the agent or exceeding the limits of his agency unless he learns or should have learnt that there is no agency or about exceeding the limits of the agency.
Article 88
No agent may enter into a contract with himself in the principal’s name even for another person’s account without the principal’s permission, otherwise the disposal shall not be binding on the principal unless he ratifies it, as long as the law or usage requires otherwise.
Article 89
No agent may delegate his agency to another person without being authorized to do so by an agreement or the law.
Article 90
If the agency expires and the agent has received the evidentiary deed thereof, he shall return such agency immediately upon expiry; he may not retain it in his possession for any reason whatsoever.
Forms of Contracts Article 91
1. No particular form of consent shall be required for concluding the contract unless otherwise required by the law.
2. If the law imposes a particular form for concluding the contract and such form is not observed, the contract shall be invalid.
Article 92
If the contracting parties stipulate a particular form for the formation of the contract, neither of them may, without the consent of the other, plead the formation of the contract unless it takes the agreed form.
Article 93
If the law requires a particular form or the contracting parties agree on it as necessary and doubt arises over whether the form is required for forming the contract or otherwise, it shall not be regarded as a requirement for such formation.
Article 94
If the law or the agreement requires a particular form for creating the contract, such form shall be observed in the promise contract thereof and the subsequent agreements amending its effects, not in the supplementary or detailed conditions added thereto without contradicting its contents, unless otherwise stipulated by the law or permitted by the nature of the transaction.
Article 95
If the contract concerns an object, the delivery of such object shall not be required for creating the contract unless otherwise required by the law, the agreement or usage.
Certain Particular Forms of Contracts Promise to Contract
Article 96
Without prejudice to Article 94, the contract under which both or either of the contracting parties promise or promises to conclude a specific contract in the future shall not be valid unless it specifies all the essential matters of the contract to be concluded and the period within which it shall be concluded.
Article 97
1. If the promise contract is binding on both parties, each party shall conclude it in its final form within the time limit determined by the promise contract.
2. The promised contract shall be concluded on the same conditions of the promise contract unless it is agreed to amend them or such amendment is entailed by the nature of the transaction or the conditions of the situation.
Article 98
1. If the promise contract is binding on one party, the promised contract shall be concluded if accepted by the party favored by the promise and his acceptance reaches the promisor’s knowledge within the time limit set for the promise.
2. The promisor’s death or loss of legal capacity shall not preclude the creation of the promised contract if it is accepted as prescribed by the preceding paragraph.
3. If the promisee dies, the option to accept the promised contract shall pass to his successors unless the personality of the promisee is considered in the promise.
Article 99
1. If either party to the promise contract breaches its obligation to conclude the promised contract, the other party may, if not in breach of
its obligations, claim a judgment against the party in breach for the validity and enforceability of the promise contract.
2. The judgment recognizing the promise contract as valid and enforceable shall replace the promised contract without prejudice to the requirements of the law for registering such contract.
Contracting by Earnest Money
Article 100
Paying an earnest money at the time of concluding the contract shall serve as a presumption that both of its parties have the option to retract therefrom unless it transpires that they intended otherwise or usage prescribes otherwise.
Article 101
If the payer of the earnest money refrains from concluding the contract, he shall forfeit it, if the receiver refrains, he shall return it and pay an amount equal to such earnest money if no damage results from refrainment.
Article 102
1. If the agreement or usage does not specify a time limit for exercising the option of refrainment, such option shall continue till the time the contracting party gives an indication of his desire to confirm the creation of the contract.
2. If one of the contracting parties fails to perform his obligations within the specified time limit or delays in this regard for an unusual period, the other contracting party may consider such failure or delay a refrainment from the contract.
Contracting by Auction Article 103
In respect of auctions, the auctioneer shall remain bound by his bid till another auctioneer offers a better bid or till the auction closes without being adjudicated to any one.
The failure of a bid because of a better one shall not preclude the nullity or rejection of the latter bid. The contract shall take place when the auction is adjudicated. However, if the conditions of the auction of require that such adjudication should be authenticated, such authentication shall be obtained for the creation of the contract, upon which the contract shall be considered concluded from the date of adjudicating the auction, unless otherwise stated by the law or indicated by the intent of the contracting parties.
Article 104
By way of exception to the provisions of the preceding Article, the auctioneer’s bid shall not fail because of a better bid at the auctions offered in envelopes. The inviter to the auction may accept the bid he deems the most appropriate from among the bids offered unless otherwise stated by the law or indicated by the intent of the contracting parties.
Contracting by Adhesion Article 105
Conceding to a project already designed by the offerer for all his clients shall not preclude the creation of the contract in adhesion by one of its parties to the will of the other without discussing its conditions.
Article 106
If a contract is made by adhesion and contains arbitrary conditions, the judge may at the request of the adhering party amend such conditions so as to remove their injustice from him or relieve him thereof totally even if he proves to have known thereof as prescribed by justice. Any agreement to the contrary shall be invalid.
Article 107
In contracts of adhesion, doubt shall be interpreted in favor of the adhering party be he a creditor or debtor.
B – Validity of Consent Article 108
Consent shall be valid only if it emanates from a legally competent person and is devoid of defects.
Competence to Contract
Article 109
Every person shall be legally competent to enter into contracts unless the law decides the absence of or detracts from such competence.
Article 110
Financial disposals carried out by a youngster incapable of discretion shall be invalid.
Article 111
1. Financial disposals by a youngster capable of discretion shall be valid if purely beneficial to him, but they shall be invalid if purely detrimental to him.
2. Subject to the following provisions, financial disposals carried out by a youngster capable of discretion and ranging between benefit and detriment shall be liable to invalidation for his interest unless immediately ratified by the guardian authorized to carry out such disposals on the youngster’s behalf or by the court according to conditions, or by the youngster himself after attaining the age of maturity in accordance with the law.
Article 112
If a discerning youngster attains sixteen years of age and is permitted to receive his property to administer or receives it by the rule of law, the acts performed by him shall be valid within the limits defined by the law.
Article 113
A discerning youngster who receives his property for administration shall be legally competent to perform the disposals required for the administration of such property. However, he shall not be legally competent to lease the property for over one year.
Article 114
A discerning youngster shall be legally competent to dispose of the property delivered to him or placed under his disposal for the purposes of his maintenance. The youngster’s obligations concerning such purposes shall be valid within the limits of such property only.
Article 115
1. A discerning youngster may conclude an individual labor contract pursuant to the provisions of the law. The court may at the request of the guardian, trustee or any interested person terminate the contract for the youngster’s interest or future or another apparent benefit.
2. A discerning youngster who attains fifteen years of age shall be legally competent to dispose of the wage or any other income he earns, and his obligations shall be valid within the limits of such money only. However, the court may if the interest requires restrict the youngster’s competence of disposal of the said money, in which case the provisions of guardianship or trusteeship, according to conditions, shall apply.
Article 116
A discerning youngster who attains sixteen years of age shall be legally competent to conclude wills with the permission of the court.
Article 117
1. If a person having incomplete competence claims that he is legally competent, such claim shall not prevent him from insisting on his incomplete competence.
2. However, if a minor resorts for the purpose of concealing his competence to fraudulent ways liable to lead to the belief that he is legally competent, he shall be bound to compensate the person he
contracts with for the damage resulting from the contract. In such case, the judge may decide to dismiss the invalidation action as compensation.
Article 118
1. Insane, demented or unmindful persons shall be interdicted and dis-interdicted by the court in accordance with the rules and procedures prescribed by the law.
2. Interdiction requests shall be recorded in registers that are prepared for such purpose and in which the content of the relevant decisions shall be noted.
Article 119
1. Disposals occurring from insane and demented person interdicted by a decision shall be invalid as long as the disposal occurs after recording the interdiction request.
2. If the disposal occurs before recording the interdiction request, it shall not be void unless the condition of insanity or dementia is common at the time of contracting or the other party is aware of it.
Article 120
1. Disposals occurring from persons interdicted for prodigality or absence of mind after recording the interdiction request shall be governed by the provisions concerning the disposals of the discerning youngster provided for in Article 111.
2. Disposals occurring before recording the interdiction request shall not be void or liable to voidance unless concluded by conspiracy to avoid the interdiction.
Article 121
The disposal by endowment or will occurring from a person interdicted for prodigality or absence of mind shall be valid if the court convicts him of his action.
Article 122
Administrative acts taken by a person interdicted for prodigality or absence of mind but permitted to receive his property shall be valid in according with the rules and procedures prescribed by the law within the limits provided for in article 112 concerning the discerning youngster.
Article 123
A person interdicted for prodigality or absence of mind shall be legally competent to perform the disposals required for administering the property delivered to him.
Article 124
A person interdicted for prodigality or absence of mind shall be legally competent to dispose of the property assigned to him for his maintenance within the same limits provided for in Article 114 in which the competence of disposal by the discerning youngster of his property is proved.
Article 125
A person interdicted for prodigality or absence of mind shall be legally competent to enter into a labor contract and dispose of what he earns for his work be it a wage or otherwise within the same limits prescribed by Article 115 concerning the discerning youngster.
Article 126
Disposals occurring from guardians, trustees and curators shall be valid with the limits prescribed by the law.
Article 127
If a person has such a physical disability that he cannot familiarize himself with the circumstances of the contract or express his will, especially if he is deaf-dumb, blind-deaf, or blind-dumb, the court shall appoint a judicial assistant for him to assist him in the disposals for which his interest requires assisting him in the court’s opinion.
Article 128
The disposal for which judicial assistance is decided shall be liable to invalidation if it occurs from the person after the registration of the assistance decision without the help of the assistant unless the court has permitted him to conclude it individually.
Article 129
If due to his physical or morbid condition a person cannot conclude a disposal even with the assistant’s help, or if the person abstains from doing so, the court may permit the judicial assistant to conclude the disposal individually on his behalf if failure to conclude it is liable to endanger the concerned person’s interests.
C – Defects of Consent Error
Article 130
1. If a contracting party falls in an error without the occurrence of which he would not have given his consent, he may request invalidating the contract if the other contracting party falls in the same error or knows of its occurrence, or it is easy for him to discover such error. 2. However, invalidation may be requested in respect of donations without considering the other contracting party’s participation in the error of his knowledge about it.
Article 131
The effect of the error shall be enforced even if it is directed to the rule of law concerning any matter of the contract.
Article 132
The person who gives his consent to an error may not insist on that matter inconsistently with the requirements of good faith. The other party may in particular insist on completing the contract he intended to conclude without causing much damage as a result.
Article 133
The validity of the contract shall not be affected merely by material arithmetical or writing errors, but such error shall be corrected.
Fraudulence Article 134
1. Nullifying the contract for fraudulence may be requested by the person who has given his consent as a result of subterfuges directed to him in order to deceive and drive him to enter into the contract if he proves that he would not have agreed to the contract if had not been deceived by such subterfuge.
2. Lying in giving information concerning the facts of the contract and its surrounding circumstances or keeping silent about them shall be regarded as a subterfuge.
Article 135
1. Nullifying the contract on the grounds of fraudulence shall require that the subterfuge must occur from the other contracting party, his representative or one of his followers, the broker he empowered to conclude the contract or from the person concluding the contract in his interest.
2. If the subterfuge occurs from a third party, the deceived victim may insist on nullification unless the other contracting party is aware of such subterfuge at the time of concluding the contract or he should have been aware of eventually.
Article 136
In respect of contracts of donations, nullifying the contract may be requested of consent is given as a result of fraudulence even if fraudulence occurs from a third party.
Article 137
1. Nullifying the contract may be requested for coercion reasons by a party who concludes it under the force of fear implanted unjustifiably in him/her.
2. The fear shall be considered based on virtual grounds if the contracting party faces means of coercion that make him feel afraid of an impending grievous danger threatening his person or others spiritually, physically, morally, and one’s property and funds.
3. In assessing the degree of coercion, the sex of the persons falling under its influence, and his age, health conditions, and all other conditions that are bound to affect the gravity of coercion shall be taken into the consideration
Article 138
1. To request nullifying the contract on the basis of coercion, coercion must emanate from the act of the contracting party, his representative, one of his subordinates or a broker he uses for concluding the contract or from the party for whose interest the contract is concluded.
2. If coercion occurs due to the act of a third party, the coerced contracting party may not insist on nullification unless the other party learns about coercion at the time contracting or if he should have eventually learned about it.
Article 139
In contracts of donations, nullifying the contract may be requested if it is consented to as a result of coercion even if coercion emanates from a third party.
Exploitation Article 140
If one person exploits in another urgency, a plain frivolity, an evident weakness, an indomitable passion or his moral dominance and makes him conclude a contract in his own or another person’s favor that involves at the time of conclusion an exorbitant imbalance between the obligations he shall perform and the material or moral benefit he shall obtain from the contract, the judge may at the request of the party victimized by exploitation reduce his obligations, increase the obligations of the other party or nullify the contract.
Article 141
In respect of contracts of donation concluded as a result of exploitation, the judge may at the donor’s request nullify the contract or reduce the amount of the money donated according to the conditions of the situation, requirements of justice and human considerations.
Article 142
1. Actions filed for exploitation shall become time-barred with the elapse of one year from the time of concluding the contract.
2. However, if the defect from which exploitation arises continues, the one year period shall begin only from the date such defect disappears. In any case, the action shall abate with elapse of fifteen years from the date of concluding the contract.
Injustice Article 143
Injustice that does not result from an error, fraudulence, coercion or exploitation shall affect the contract only in the special cases determined by the law.
Article 144
1. If the contract causes rank injustice to the state, other public juridical persons, an incompetent or semi-competent person or
the endowment authority, the aggrieved person may request amending the obligation of the other party or his own obligation so as to remove the rank injustice he suffers.
2. Injustice shall be considered rank if exceeds one-fifth at the time of concluding the contract.
3. Injustice may be objected to even if the contract is concluded by the legal representative of the aggrieved person on his behalf or if the court so permits.
Article 145
The party entering into a contract with an aggrieved person may avoid the amendment to the contract effect by calling for terminating the contract unless otherwise stipulated by the law.
Article 146
The contract concluded by auction or tender may be objected to for injustice if it occurs as required by the law.
Article 147
Actions for injustice shall become time-barred if not instituted within a year. Such year shall commence in respect of the state, other public juridical persons and the endowment authority from the time of concluding the contract, and in respect of incompetent and semi-incompetent persons from the date of having full competence or death. In any event, the action shall abate upon the elapse of fifteen years from the time of concluding the contract.
II: Object Article 148
If the object of the obligation is something impossible in itself, the contract shall be null and void.
Article 149
1. The contract may concern something taking place in the future if there is no deception.
2. However, dealing in the estate of a living person shall be null and void even with his consent except in the cases stipulated by the law.
Article 150
1. The object of an obligation must be sufficiently defined or the contract shall be null and void.
2. If the obligation concerns an object, such object must be defined by ifself, its kind, quantity, and degree of quality.
However, if the object is to be exclusively by its kind, it shall be adequate if the contract comprises something to enable defining its quantity. If the two contracting parties fail to agree on the quality grade that it is not possible to deduct from usage or any other condition, the debtor shall deliver an object of a medium type.
Article 151
If the object of the obligation constitutes a violation of public order or morals, the contract shall be null and void.
Article 152
If the object of obligation is the payment of an amount of money, the debtor shall be bound by the figure mentioned in the contract and no change in its value shall have any effect even if it is otherwise agreed.
Article 153
1. In respect of an obligation to pay an amount of money, payment shall be made in the Qatari currency.
2. However, if it is agreed to pay in a foreign currency, payment shall be made in such currency.
Article 154
1. The contract may contain any condition acceptable to the two parties unless it is legally prohibited or inconsistent with public order or morals.
2. If the condition contained in the contract is illegitimate, the condition shall be invalid while the contract shall be valid. If either party proves that he would not have accepted the contract without such condition, the contract shall be invalid.
Third: Cause Article 155
1. The contract shall be null and void if a contracting party commits himself for no cause or illegitimate cause.
2. The cause shall be valid depending on the motive for concluding the contract if the other contracting party knows or should inevitably have known of such cause.
Article 156
There should be a legitimate cause for any obligation even if it no mentioned in the contract unless there is no evidence to the contrary.
Article 157
1. The cause mentioned in the contract shall be considered the real cause until evidence to the contrary emerges.
2. If the simulation of the cause is proved, the party calming that there is another legitimate cause for the obligation shall provide evidence for the validity of his claim.
Section II – Nullity I: Voidable Contracts
Article 158
A voidable contract shall produce its effects unless its nullity is decided. If it is decided that the contract is void, it shall be considered as if had not been concluded.
Article 159
1. If the law vests one of the contracting parties with the right to nullify the contact, the other party may not insist on such right.
2. If the cause of nullification exists and the party in whose favor such cause is granted, the court shall decide nullification unless otherwise prescribed by the law.
Article 160
The explicit or implicit approval of the voidable contract by the party having the right to request voiding it shall extinguish such right in respect of the defect approved.
Article 161
1. The right to request voiding the contract shall become time-barred if its holder fails to plead it within three years unless otherwise prescribed by the law.
2. In case of short competence, the abatement period shall take effect from the date of its completion, in case of error or fraudulence from the date of emergence, and in case of coercion from the day of removal.
3. In all cases, the right to request voiding the contract shall abate with the elapse of fifteen years from the date of conclusion.
Article 162
1. Any interested party may serve a notice on the party having the right to void the contract to express his desire in respect of approving or voiding the contract within at least three months from the date of the notice.
2. The notice shall be valid only if served after the prescription period of the right of voidance takes effect.
3. If the notice time limit expires without the party having the right of voidance expresses his desire in respect of approving or voiding the contract provided that the notice is served oh his person, the contract shall be considered approved.
II: Void Contracts Article 163
1. No void contract shall produce any effect. Any interest party may insist on such voidance. The court may decide such voidance at its own discretion.
2. Neither approval nor the elapse of time shall render the void contract valid.
3. Actions for voidance shall abate with the elapse of fifteen years from the date of the contract.
III: Effects of Voidance Article 164
1. In the cases of contract nullification and invalidity, the two contracting parties shall return to their pre-contract condition, failing which an equivalent compensation may by adjudged.
2. However, no incompetent or semi-competent shall be forced, in case the contract is void or voided, to restitute other than the benefit that has accrued to him from the implementation of the contact.
Article 165
1. Voidance of the contracts transferring the ownership may not pleaded vis-à-vis the special successor who receives a real right from either of the contracting parties if such successor has received his right commutatively and in good faith.
2. The special successor shall be considered good faithed if he is not aware at the time of disposal of the cause of voidance of his ancestor’s contract and he was unable to be aware of it if he is as diligent as required by the conditions of the situation of the ordinary person.
Article 166
If a part of the contract is void or voidable, such party alone shall alone be voided. Unless it transpires that the contract would not have been completed without such part, the whole contract shall be voided.
Article 167
If the contract is void or voidable, and yet it fulfils the elements of another contract, it shall be considered valid as the contract the elements of which are fulfilled if it transpires that the intention of the contracting parties was aimed at concluding that contract.
Article 168
1. If the contract becomes void or is voided due to an error of either of the contracting parties, the other contracting party or third parties may claim compensation from him for any damage resulting from both cases.
2. However, no compensation shall be due if the party suffering the damage as a result of voidance or invalidation has contributed to the causes of such damage or was or should have been aware of its cause.
3. However, all the forgoing shall be in accordance with the provisions of Article 117.
Section III – Effects of the Contract
I: Interpretation and Determination of Content Article 169
1. If the statement of the contract is vivid, they shall not be diverted from by interpretation to recognize the will of the contracting parties.
2. However, if there is room for interpretation of the contract, the common intention of the contracting parties shall be sought without pausing at the literal meaning words in the light of the nature of dealing and trust and honesty prevailing between the contracting parties, according to the current usage in dealings.
Article 170
Doubt shall be interpreted in the debtor’s interest.
However, if the contract contains a condition for relief of responsibility, doubt shall be narrowly interpreted.
II: Binding Force of Contracts Article 171
The contract is the law of the contracting parties. It shall not be revoked or amended without the agreement of the two parties, or for the reasons prescribed by the law.
However, if general unforeseen and exceptional events crop up and their occurrence results in rendering the implementation of the contractual obligation, though not impossible, an exhausting factor that threatens the debtor with an enormous loss, the judge shall, according to conditions of the case and after balancing the interests of the two parties, reduce the exhaustive obligation reasonably. Any agreement to the contrary shall be void.
Article 172
The contract shall be executed according to its provisions and in a way compatible with the requirements of good faith.
The contract shall not be confined to committing the contracting party to its contents, but shall also deal with its requisites pursuant to the law, usage and justice according to the nature of the obligation.
Article 173
If a simulated contract is concluded, the latent not the apparent contract shall apply to the contracting parties and their respective general successors.
Article 174
1. The creditors of the contracting parties and their respective special successors may plead the latent contract and prove all
means the simulation of the contract causing harm to them. They may also plead the simulated contract if they are of good faith.
2. In case of a conflict among the interests of the concerned parties because some of them plead the simulated contract while the others plead the latent contract, the formers shall take precedence.
III: Proportional Effects of the Contract Article 175
The effects of the contract shall extend to the contracting parties and the general successor subject to the provisions of succession unless it transpires from the contract, the nature of the dealing or the text of the law that such effects shall not extend to the general successor.
Article 176
If the contract creates personal obligations and rights connected with particular property that are considered definitive thereof or supplementary thereto, and such property passes afterwards to a special successor, such obligations and rights shall devolve to such successor at the same time as the property.
As a condition for the production of such effect in respect of said obligations, the special successor must or should be able to be aware of them at the time the property passes to him.
All the above shall apply unless otherwise prescribed by the law.
Article 177
The contract shall not place any third party under an obligation but it may vest a right in him.
Article 178
If a persons undertakes to make a third party commit himself/herself to performing some act, such undertaking shall be binding on him not on the third party.
If the third party refuses to bear the obligation, the undertaker shall compensate the undertakee for any damage suffered due to his breach of such undertaking unless he himself performs the object of the undertaking if he can without causing damage to the undertakee.
If the third party accepts such undertaking, he shall be liable therefore and the undertaker shall be discharged therefrom from the time of his consent unless it proved that he intends to ascribe the effect of such consent to the time of giving the undertaking.
Article 179
In concluding a contract with himself, the person may stipulate that his contractee shall perform particular obligations for a third party if the stipulator has a material or moral interest in performing such obligations.
In the stipulation made in favor of a third party, the beneficiary may be a future person or a person not yet defined on concluding the contract if it is possible to appoint him at the time of fulfilling the stipulated obligation.
Article 180
1. The stipulation in favor of a third party shall result in proving that the beneficiary is entitled to a personal right from the undertaker that he may charge immediately unless otherwise agreed.
2. The stipulator may require the undertaker to perform the stipulated right to the beneficiary unless it transpires from the contract that such matter is confined to the beneficiary alone.
Article 181
The undertaker may, vis-à-vis the beneficiary, assert all the pleas that vest in him from the contract and that he could have pleased vis-à-vis the stipulator.
Article 182
The stipulator, without his creditor or successors, may revoke the stipulation before the beneficiary announces to the undertaking party or the stipulator his wish to benefit from the stipulation without contravening the contract requirements.
Revoking the stipulation shall not result in discharging the undertaker vis-à-vis the stipulator, unless otherwise agreed or required by the nature of the obligation.
When revoking the stipulation, the stipulator may replace the original beneficiary by another one or avail of the special benefit exclusively.
Section IV – Dissolution of the Contract Article 183
1. In contracts binding on the two parties, if a party fails to fulfill his obligations, the other party may, after serving him a notice, ask for executing the contract or revoking it and claim compensation if necessary.
2. The judge may respite the debtor to an appointed term if conditions so necessitate. He may also refuse the rescission of the contract if the part the debtor fails to fulfill is insignificant in relation to the aggregate obligations.
Article 184
It may be agreed that the contract shall be considered automatically revoked without the need for any adjudication in case of failure to fulfill the obligations arising therefrom.
Such condition or agreement shall not result in restricting the judge’s authority in respect of rescission unless the contract statement indicates explicitly that it was the intention of the contracting parties.
The condition considering the contract automatically revoked in other than commercial matters shall not exempt the concerned party from serving the notice. No agreement by the parties to the contrary shall be valid.
Article 185
Revoking the contract shall restore the two contracting parties to their pre-contract condition, failing which compensation may be adjudged.
Article 186
Voidance of the contracts transferring the ownership may not pleaded vis-à-vis the special successor who receives a real right from either of the contracting parties if such successor has received his right commutatively and in good faith.
The special successor shall be considered good faithed if he is not aware at the time of disposal of the cause that led to voiding his ancestor’s contract and he was unable to be aware of it if he is as diligent as required by the conditions of the situation of the ordinary person.
Article 187
1. In respect of contracts binding on one party only, the contract shall be automatically revoked if it has become impossible to perform the obligations for an extraneous cause beyond the debtor’s control.
2. In case of partial impossibility, the creditor may plead the contract in respect of the performable part of the obligation.
Article 188
In respect of contracts binding on the two parties, if it has become impossible for one of the contracting to perform his obligation for an extraneous cause beyond his control, such obligation as well as the counter-obligations shall abate. The contract shall also terminate automatically.
In case of partial impossibility, the creditor may, as appropriate, plead the contract in respect of the performable part of the obligation or request abrogating the contract.
Article 189
Both contracting parties may mutually revoke the contract with their consent after its conclusion as long as the abject of the contract is existent and available in the possession of either of them.
If the object of the contract is partially lost, damaged or transferred to a third party, the contract may be revoked in respect of the remaining part proportionately to their respect shares of the contracting parties.
Article 190
As regards its effect, revocation shall amount to cancellation in respect of the contracting parties and a new contract in respect of third parties.
Article 191
In respect of contracts binding on the two parties, if counter obligations are due for settlement, each contracting party may refrain from discharging his obligation if the other contracting party fails to discharge his unless otherwise agreed or customarily required.
Chapter II – Individual Will Article 192
Legal disposals occurring with an individual will shall not create any obligation, change or terminate any existent obligation except in the special cases prescribed by the law.
If the law decides the creation, change or termination of an obligation by virtue of the legal disposal occurring with the individual will, such disposal shall be governed in general by the provisions of the law, except for those inconsistent with reliance of the disposal on the individual will.
Article 193
Whoever issues to the public a promise to grant a prize for a specific work shall give such prize to the one who has performed such work, even if the latter has done the work before or without regard to or being aware of the promise.
Article 194
1. If the promisor sets a time limit for his promise, he shall not retract it and the promise shall abate with the elapse of such time limit.
2. If the promisor does not set a time limit from his promise, he may retract it by making an announcement the public in the way he addresses the promise or in any similar informational way.
Article 195
Retracting the promise of the prize shall be effective only from the date it is announced to the public. Retraction shall not affect the right to reward the person who has done the work before such date.
If no one has done the work, the person who starts the work before announcing the retraction of the promise without completing such work may claim from the promisor within the limits of the prize the value of the expenses he has incurred or the effort he has used if he proves that he was doing the work in time.
Article 196
The promisor shall determine the eligibility for the prize within six months from the date of expiry of the time limit set in the announcement unless the announcement sets another time limit.
Article 197
Neither promising nor giving the prize to the eligible person shall result in proving the promisor’s right to the fruit of the work unless the promisor’s conditions contain clauses to the contrary.
Article 198
Actions for claiming the prize or any other rights resulting from the promise shall abate with the elapse of six months from the expiry of the time limit set for determining the eligibility for the prize or from the date of announcing the retraction of the promise according to conditions.
Chapter III– Responsibility of Unlawful acts A. Responsibility for Personal Acts
Article 199
Any error causing damage to others shall hold its committer to compensation.
Article 200
1. A person shall be responsible for his unlawful acts if they occur from him while he is capable of discretion.
2. However, if damage is caused by an undiscerning person without having anyone responsible for him or no compensation can be obtained from the responsible person, the judge may hold the person who causes the damage to equitable compensation with due regard to his adversaries.
Article 201
1. The damage for which the person responsible for an unlawful act is bound to pay compensation shall be determined according to the extent of the loss that occurs and the profit that is lost as long as it results naturally from such unlawful act.
2. The loss occurring or the profit lost shall be considered resulting from the unlawful act if they can not be avoided by using the