Al Meezan - Qatary Legal Portal | Legislations | Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles

02 June 2023

14 Thul-Qi'dah 1444

Legislations of Qatar 5686 legislations - 58361 Articles
Legislations of Qatar - International Agreements
Legislations of Qatar- Rulings

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

Top

First Section of Law

Previous Section of Law

Next Section of law

Last Article of Law

Add New Section

Section Name

Subchapter II: Failure to Pay

466 Article

The holder of the check may recourse to the drawer, endorsers and the others of the obligors in case he submitted it on the legal time but not repaid, provided he proved the refraining from repayment by means of protseto. Instead of the protesto he may prove said refraining by:-

Statement issued by the drawee mentioning also date of check submission.
B- Statement issued by a Clearing House mentioning that the check was submitted on the appointed time but was not paid. Statement should be dated and written on the check and should be signed under by the issuer. No way to refuse writing said statement on the check in case asked by the holder, even if the check includes condition of recourse without expenses, but what is possible for the obligor (in his capacity) is to ask for a period, to submit the check, not exceeding the next working day ... even if it is submitted on the last day of the submission date.

467 Article

The holder may reserve his right in recoursing to the drawer even if the holder did not submit the check to the drawee or did not make the protesto or any substitute on the legal required date;unless the drawer had submitted the “in return of fulfilment” and this in return kept with the drawee until the elapse of date of check submission, then it happened that the in return is removed by an action not related to the drawer.

468 Article

Decline from payment should be proved as stipulated in article 466 before the date of submission If submission is made on the last day of said date, declining may be proved on the next working day.

469 Article

In cases of force majeure that made the submission of the check or making the protesto on the appointed time impossible, then said time is extended. The holder should notify without any delay the person who endorsed the check to him about said force majeure and should confirm said notification affixing the date and signature on the check or on the attached paper. Said notification should go in serial until it comes to the drawer. The holder after clearance of the force majeure should submit the check to the bank for repayment without any delay and then make the protesto or any other alternative.

Should the force majeure extend for more than 15 days from the date of the above notification to the endorser - even if said date came before the elapse of date of submission of the check- recourse to obligors is then possible without submission of the check or making the protesto or its alternative. Affairs related to the holder of the check personally or to whomever he instructed to submit or to make the protesto or its alternative shall not be considered as a force majeure.

Add Comments