The General Theory of Obligations in Qatari Civil Law (Book Two, Rules of Obligation)
March 7, 2024 2024-10-08 8:51The General Theory of Obligations in Qatari Civil Law (Book Two, Rules of Obligation)
This book is the second volume in the general theory of obligations in Qatari civil law, where the Qatari legislator has organized the provisions of obligations in Articles 241 to 418 of the Qatari Civil Code. The study includes an examination of obligations throughout their lifecycle, including their implementation, characteristics, transfer, and expiration. These provisions apply to all obligations that arise, regardless of their source of origin.
The study is divided into four main sections: The first section focuses on the effects of obligations. It begins with an introduction to natural obligations and then provides a detailed study of specific aspects such as specific implementation, compensation (implementation for compensation), public insurance and means of preserving it through direct and indirect claims, claims of invalidity of actions, formal claims, and the right to detention. The second section addresses the characteristics of obligations by studying conditions, deadlines, optional obligations, alternative obligations, and positive and negative solidarity. The third section deals with the transfer of obligations, including the assignment of rights and the assignment of debts. The fourth section is dedicated to the study of the expiration of obligations. It focuses on fulfillment and the expiration of the obligation through an equivalent to fulfillment: fulfillment in exchange, renewal, delegation in fulfillment, and set-off. The study concludes by examining the expiration of the obligation without fulfillment through the study of discharge, impossibility of execution, and the statute of limitations.
Additionally, the book provides a detailed explanation of the Qatari Civil Code’s provisions in comparison to other legislations. It also includes an overview of the rulings of the Qatari Court of Cassation that have applied these legal provisions.