23 March 2023


02 ‏Ramadhaan 1444

/

عربي


  • Legislations of Qatar 5686 legislations - 58361 Articles
  • Legislations of Qatar - International Agreements
  • Legislations of Qatar- Rulings
Main Page / Legislations / Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles / Chapter One – Compulsory Performance / Subchapter I – Specific Performance
Font Size: / /

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
Send
Print
Top
First Section of Law
Previous Section of Law
Next Section of law
Last Article of Law
Add New Section

Subchapter I – Specific Performance

  • 99 Article (Repealed)

    Upon the obligor being notified, According to articles (113), (114), the obligation shall be enforced in kind, as soon as possible. However, where enforcement in kind is extremely onerous to the obligor, the court may, limit the right of the obligee to indemnity in cash, provided that he suffers no serious prejudice thereby.
    6/30/2004

  • 100 Article (Repealed)

    The obligation to transfer title or any other right in kind shall automatically transfer such right, provided that the subject-matter of the obligation is a self-identified thing held by the obligor and subject to the rules in connection with registration.
    6/30/2004

  • 101 Article (Repealed)

    Where the obligation relates to the transfer of a right in kind to a thing identifiable only by its kind, such right shall not be transferred until such thing is apportioned. Where the obligor fails to perform his obligation, the obligee may, with the permission of the court, or without its permission in the case of an emergency, obtain a thing of the same kind at the expense of the obligor. The obligee may also demand the value of the thing, without prejudice in either event to his right to indemnity.
    6/30/2004

  • 102 Article (Repealed)

    The obligation to transfer a right in kind to a thing shall include the obligation to maintain such thing in safe custody until it is delivered.
    6/30/2004

  • 103 Article (Repealed)

    Where the obligor undertakes delivery of a thing in kind or doing an act but fails to do so after having been notified, he shall be liable for any loss caused by such failure, even where the liability for such loss lies with the obligee prior to the notification. The obligor shall, however, not be liable for the loss even where he was notified, provided that he proves that the thing would also have been lost in the possession of the obligee if it had been delivered to the obligee, unless the obligor accepts liability for force majeure or unforeseen incident. Where a thing that has been stolen is lost or damaged in any manner whatsoever, the thief shall be liable for such loss or damage.
     6/30/2004

  • 104 Article (Repealed)

    Where the obligation of an act or the terms of the agreement or the nature of the debt requires performance of the obligation by the obligor himself, the obligee may reject payment by any third party.
    6/30/2004

  • 105 Article (Repealed)

    Where the obligation of an act, the obligor fails to perform his obligation, the obligee may apply to the court for permission to enforce the obligation at the expense of the obligor, if such enforcement is possible. In the event of an emergency, the obligee may enforce the obligation at the expense of the obligor without permission from the court.
    6/30/2004

  • 106 Article (Repealed)

    The court judgment shall be considered as performance if the nature of the obligation so permits.
    6/30/2004

  • 107 Article (Repealed)

    Where the obligation of an act, where the obligor is required to maintain or manage a thing or to act carefully in the performance of his obligation, he shall have performed his obligation if he uses reasonable care, even where the intended purpose is not achieved, unless the law or agreement provides otherwise.
    6/30/2004

  • 108 Article (Repealed)

    Where the obligor undertakes not to do something and then breaches such obligation, the obligee may petition the court to remedy such breach, and he may apply to the court for permission to remedy such breach at the expense of the obligor. An officious person shall return to the employer anything he has taken due to his interference and shall prepare a report of what he has taken, in the same manner as an agent.
     
    6/30/2004

  • 109 Article (Repealed)

    Where the performance of an obligation in kind is not possible or appropriate unless the obligor executes it by himself, the obligee may obtain a judgment to require the obligor to perform such obligation or otherwise to pay a disciplinary penalty.  Where the court believes that the amount of the penalty is insufficient to force the obligor to perform the obligation, the court may increase the amount as necessary.
    6/30/2004

  • 110 Article (Repealed)

    In the event of performance in kind, or where the obligor insists on rejecting the performance, the court may determine the amount of indemnity against the obligor's non-performance, taking into account the damages suffered by the obligee and the coercion caused by the obligor.
    6/30/2004

Add Comments

Contact us

 

Phone: +974 44069994

 

Fax: +974 44069998

 

E-mail

contactcenter@almeezan.qa