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Main Page / Legislations / Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles / Subchapter I – Elements of Contract / 2- The Subject Matter and Reason
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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles

Law Summary Record Type: LawNumber: 16Date: 25/08/1971 Corresponding to 04/07/1391 HijriNumber of Articles: 477Status: In force
Official Gazette :Issue: 7Offcial Journal Issue Publication Date: 01/01/1971 Corresponding to 05/11/1390 HijriPage from: 3458
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2- The Subject Matter and Reason

  • 29 Article (Repealed)

     
    1. The subject matter of the obligation shall be expressly and diligently identified, otherwise the contract shall be invalid.
     
     
    1. Where the obligation relates to a material object, such thing shall be identified by reference thereto or to the location thereof;
    2. Where the obligation relates an intangible subject matter, such intangible subject matter shall be diligently identified by its distinctive characteristics and estimates if it is an estimand, otherwise the contract shall be void.
    3. Where, however, a thing is identified by its type, it shall be sufficient to include in the contract such provision as may be required to identify the quantity of such thing. Where there is no agreement on the degree of quality and such quality cannot be ascertained by common custom or by any other circumstances, the obligee must supply an article of average quality.
    4. Where both contracting parties are aware of the subject matter, there shall be no need to describe or define it in any other aspect.
    6/30/2004

  • 30 Article (Repealed)

    Where the subject matter of the obligation is an amount of money, the obligor shall pay such amount as indicated in the contract irrespective of whether the currency has increased or decreased in value on the due date.
    Where it is provided that the payment shall be in a foreign currency, payment may be made in Qatari Riyals pro rata its value on the due date.
     
    However, where the parties agree to make such payment in a foreign currency, payment shall be made in such currency.
     
    6/30/2004

  • 31 Article (Repealed)

    A contract shall be void if the subject matter of the obligation breaches public order or morality.
    6/30/2004

  • 32 Article (Repealed)

    Where the subject matter/object of an obligation is something impossible in itself, the contract shall be invalid.
    6/30/2004

  • 33 Article (Repealed)

    1. The subject matter of a contract may be a future thing, provided that the contract is not aleatory.
    2. However, an agreement relating to the estate of a living person shall be void, notwithstanding the consent of such person, save in cases provided for by law.
    6/30/2004

  • 34 Article (Repealed)

     
    1. The contract may include a provision emphasizing its purpose, or is so appropriate or is according to the custom and practice.
    2. Unless such provision is prohibited by law or in breach of the public order or morality, the contract may include a provision that benefits one of the parties or a third party.
    3. Where such provision is prohibited by law or in breach of the public order, the provision shall be revoked, and the contract will be valid.  
     
    6/30/2004

  • 35 Article (Repealed)

    In the event that the cause of the contract is prohibited by law or in breach of the public order or morality, such provision shall be invalid,  or against public order and morals, such contract shall be void.
    6/30/2004

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