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02 June 2023

14 Thul-Qi'dah 1444

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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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Subchapter I: Consiredation and Payment of the Cheque

457 Article

Check is repayable upon sight, any information contradicting to that is considered as void. In case of given in the check a date following date of the real withdrawal and this check is submitted for repayment before said date, the bank may stop paying it until the day shown as its date of issue. If repayment is made before that date, the bank shall be responsible for all consequent damages.

458 Article

As amended as per Rule No.10 for the Yr.1982 - in the official newspaper 6 for Yr.1982

For the check drawn/to be repaid in Qatar must be submitted for fulfilment within max.6 months. But for the check drawn out of Qatar and should be fulfilled in it , must be submitted within max.8 months ... Said dates shall start from the date shown in the check as date of issue.

459 Article

In case the check is withdrawn between two places that have different calendars, its issue date shall be reverted to the day corresponding to the calendar of place of fulfilment

460 Article

Drawee may repay the check even after elapse of time of submission. Objection to fulfilment of the check can not be accepted from the drawer except in case of its loss or bankruptcy of the holder.

461 Article

In case of death or loss of eligibility of the drawer or in case he becomes bankrupt after creation of he check; relevant consequent provisions or rules relevant to the check shall not be affected.

462 Article

In case of submission of many checks in the same time and it happened the “in return of fulfilment” is not sufficient for repaying it, dates of its withdrawal shall have to be considered. In case submitted checks are taken from one book and have the same date of issue, the check of the former number shall be considered as drawn first unless otherwise proved..

463 Article

In case a check for barrier is lost or perished, its owner may object to the drawee in repayment of its amount. Objection shall include name of the owner, number and amount of the check and all information that may guide to it and conditions surrounding its loss or damage. In case it's not possible to provide such information reasons behind that shall have to be pointed out. Besides, If the objector has no domicile in Qatar, he has to chose domicile therein. Once the drawee receives the objection, he has to stop repaying the check to the holder and spare the “in return of fulfilment” of the check until a decision is taken.

The drawee shall publish, at the expense of the objector, lost/damaged check number, its amount, name of the owner, name of the objector and his address in the official newspaper. After date of said publication any action taken towards the cheque shall be considered as void..

464 Article

The cheque holder referred to in the previous article may dispute the drawee in the protest. The drawee shall receive the cheque therefrom against a receipt. The drawee shall notify the protester by registered letter with acknowledgment of receipt of the name and address of cheque holder.

The cheque holder shall notify the protester by registered letter with acknowledgment of receipt that a maturity claim will be filed to honor the cheque upon maturity within one month of receiving the notification. The notification shall contain the reasons for holding the cheque and its date.

Where the maturity claim is not filed by the protester within the above period, the court at the request of the holder of the check, shall decide to reject the protest. In this case, the cheque holder shall be deemed by the drawee rightful owner.

Where the protester file a maturity claim, the drawee may only pay its value to the litigants who possesses final judgement, or amicable settlement certified by both parties recognizing the cheque ownership.

465 Article

Where 6 months have passed from the date of the protest stipulated in Article (463) without claiming for the fulfilment of the check by the holder of the check, the protesting party may appeal to the court to permit him to receive the amount of the check. Such ruling shall be issued in front of the drawee and after the court verifies the rightful ownership of the opposing party to the check.

In case the opposing party does not submit said appeal for fulfilment or in case of rejecting the appeal by the court, the drawee should restore “Entry of In Return of Fulfilment” on the Assets Side of the drawer's Account

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