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Legislations of Qatar 5686 legislations - 58361 Articles
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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles
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Subchapter I – Elements of Contract
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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:
Law
Number:
16
Date:
25/08/1971 Corresponding to 04/07/1391 Hijri
Number of Articles:
477
Status:
In force
Official Gazette :
Issue:
7
Offcial Journal Issue
Publication Date:
01/01/1971 Corresponding to 05/11/1390 Hijri
Page from:
3458
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Section Name
2- The Subject Matter and Reason
29 Article
(Repealed)
The subject matter of the obligation shall be expressly and diligently identified, otherwise the contract shall be invalid.
Where the obligation relates to a material object, such thing shall be identified by reference thereto or to the location thereof;
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.
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.
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(Repealed)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(Repealed)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)
The subject matter of a contract may be a future thing, provided that the contract is not aleatory.
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)
The contract may include a provision emphasizing its purpose, or is so appropriate or is according to the custom and practice.
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.
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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