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Main Page / Legislations / Law no (22) of 2004 Regarding Promulgating the Civil Code / Chapter One: Application of Law and Temporal and Spatial Jurisdiction / Subchapter Three: Spatial Jurisdiction
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Law no (22) of 2004 Regarding Promulgating the Civil Code

Law Summary Record Type: LawNumber: 22Date: 30/06/2004 Corresponding to 13/05/1425 HijriNumber of Articles: 1188Status: In force
Official Gazette :Issue: 11Offcial Journal Issue Publication Date: 08/08/2004 Corresponding to 22/06/1425 HijriPage from: 364
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Subchapter Three: Spatial Jurisdiction

  • 10 Article

     
     
    Where a dispute arises in the application of different laws to any particular case, the dispute shall be resolved by reference to Qatari law.

  • 11 Article

     
    1. The status and legal capacity of persons are governed by the law of the country to which they belong by reason of their nationality.
    2. Where, however, in a transaction of a financial nature, concluded and effective in Qatar, one of the parties is an incapacitated foreigner and such incapacity is due to a cause neither apparent to nor easily detected by the other party, such cause shall have no effect on the legal capacity of such foreigner.

  • 12 Article

    1.      The legal status of foreign juristic persons, such as companies, associations and corporations, shall be subject to the law of the State where such juristic persons have established their respective headquarters.
    1. Where, however, a juristic person conducts its main activity in Qatar, even if its actual headquarters is outside Qatar, the Qatari law shall nevertheless apply.

  • 13 Article

     
    1. Conditions for the validity of a marriage, such as capacity, acceptance and lack of Shariàh impediments, shall be governed by the law of jurisdiction (national law) of each spouse at the time of marriage.
    2. If one of the two spouses is Qatari at the time of the conclusion of the marriage, the Qatari law alone shall apply except as regards the legal capacity to marry.

  • 14 Article

     
     
    Formalities of marriage, such as registration and religious ceremonies, shall be in accordance with the law of jurisdiction where the marriage is concluded, or the national law of either spouse, or the law of common domicile of both spouses.

  • 15 Article

     
    Upon confirming a marriage, it shall be referred to the law governing the formalities of such marriage.

  • 16 Article

     
    1. The personal and financial consequences of marriage, including termination of cohabitation, submission, mourning, alimony and dowry, shall be regulated by the law of the country to which the husband belongs at the time of conclusion of the marriage.
    2. If the spouses adopt the same nationality following matrimony, the law of such nationality shall apply to the personal and financial consequences of the marriage.

  • 17 Article

     
     
    The law of common nationality of the spouses at the time of divorce, or at the time of filing for divorce or separation, shall apply to both. If the nationality of the spouses is different, the law of nationality of the husband at the time of marriage shall apply.

  • 18 Article

     
     
    Engagement shall be governed by the provisions of the preceding Articles in connection with marriage.

  • 19 Article

     
     
    The law of nationality of the father at the time of birth shall apply to any children born of the marriage, and shall also apply to the admission or denial of paternity. If the father dies prior to such birth, his law of nationality at the time of his death shall apply.

  • 20 Article

     
     
    The law of nationality of the father shall apply to the substantive issues relating to the guardianship and custody of any children.

  • 21 Article

     
    The obligation to pay alimony between relatives and in-laws shall be governed by the law of nationality of the person obliged to pay such alimony.

  • 22 Article

     
     
    Substantive matters, such as natural and legal guardianship, trusteeship/receivership, and custodianship, and systems established to protect minors, incapacitated persons and absent persons, shall be governed by the law of nationality of the person requiring protection.

  • 23 Article

     
    1. Inheritance shall be governed by the law of nationality of the deceased at the time of death.
    2. Legacies in Qatar without any legatee shall be governed by the Qatari law.

  • 24 Article

     
    1. A testament and all other dispositions taking effect after death shall be governed by the law of nationality of the testator.
    2. However, the form of the testament and all other dispositions taking effect after death shall be governed by the law of nationality of the person at the time of such disposition or, or by the law of the country in which such disposition is made.

  • 25 Article

     
    1. Possession, ownership, and other real rights in kind as regards immovable property, and the methods of acquisition, transfer or termination thereof, shall be governed by the law of the place in which the immovable property is situated.
    2. The law of the jurisdiction where the property is located shall determine whether such property is immovable or movable.

  • 26 Article

     
     
    Acquisition, title and associated rights in kind of a movable asset and the methods of acquisition, transfer or termination thereof such rights shall be governed by the jurisdiction where such movable asset is located at the time of its acquisition.

  • 27 Article

     
    1. In terms of the substantive conditions to be imposed and the effects thereof, a contract shall be governed by the law of the jurisdiction of the domicile common to the contracting parties. If the domicile of one party is different from that of the other party, the law of jurisdiction where the contract is concluded shall be applied, unless the contracting parties agree otherwise or the circumstances indicate that another law is intended to be applied.
    2. Contracts relating to immovable property, however, shall be governed by the law of the jurisdiction in which the immovable property is situated.

  • 28 Article

     
     
    Employment contracts between employers and employees shall be governed by the law of jurisdiction where the head office of the employer is located. If the head office is located abroad, but particular contracts are concluded by offices based in Qatar, then Qatari law shall apply to those contracts.

  • 29 Article

    1. The form of contracts shall be governed by the law of jurisdiction of the country where such contracts are concluded.
    2. The law governing the contract in its substantive provisions, the law of the domicile of the contracting parties, or their common national law, may also apply.

  • 30 Article

     
    1. Non-contractual obligations shall be governed by the law of the State in whose territory the act that gave rise to the obligation took place.
    2. The provisions of the preceding paragraph shall not apply to acts which occurred abroad and which, although considered unlawful under the law of the country in which the tort occurred, are considered lawful in Qatar.

  • 31 Article

     
     
    Obligations arising from unjust enrichment, payment of amounts not yet due, or officiousness shall be governed by the law of jurisdiction where the act creating such obligations occurs.

  • 32 Article

     
     
    In legal relationships involving a foreign element, Qatari courts shall apply the rules of jurisdiction and procedure as determined by Qatari law.

  • 33 Article

     
    The provisions of the preceding Articles shall apply only when no provisions to the contrary are included in a special law or in an International Convention in force in Qatar.

  • 34 Article

     
     
    The principles of private international law shall apply in the case of a conflict of laws for which no provision is made in the preceding Articles.

  • 35 Article

     
    1. In the case of persons of unknown nationality or of a person of simultaneous plural nationality, the law to be applied shall be decided by a judge.
    2. Qatari law shall apply, however, if a person, in respect of Qatar, proves to have Qatari nationality and is at the same time deemed by one or more foreign states to be a national of those states.

  • 36 Article

     
          
    Whenever it appears from the provisions of the preceding Articles that the applicable law is the law of a particular state with multiple statutes, the internal law of such state shall determine which statute shall be applied.

  • 37 Article

     
     
    Where it is resolved that a foreign law is applicable, only the internal provisions of such foreign law shall apply, and the provisions relating to private international law shall be excluded.

  • 38 Article

     
     
    The provisions of a foreign law applicable by virtue of the preceding Articles shall not be applied if they conflict with the public order or morals in Qatar. In such event, the Qatari law shall apply.

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