- By Azeez Nazar Sabri
Qatari
Law is based on the Sharia law, however the commercial laws in the Qatar are
mixture of Sharia and Civil Law. Although Principle of freedom of Contract is
recognized under Qatari Law, the Concept of the “good faith” is applicable to
in the civil and commercial Law of Qatar. The concept of “good faith” is akin
to the principle of equity in Common Law.
The
principle of “Good Faith” is stipulated in Article 172 of the Qatar Civil Code.
1.
The contract must be performed in accordance with its contents and in a manner
which consistent with the requirements of good faith.
2.
The contract is not confined to obliging a contracting party to its contents,
but also include its requirement in accordance with the law, custom and equity
as per the nature of the obligation.”
The
Obligation of the Employer upon
Completion of Works by a Contractor are
stipulated in Qatar Civil Code from Article 692-700. Relevant provisions as
under:
Article 693, Civil Code (Law No. 22/2004):
When the contractor completes the works
and places them at the employer's disposal, the employer shall, as soon as
possible, take delivery in accordance with prevailing custom. When the
employer, in spite of being formally summoned, fails without reasonable cause,
to take delivery of the works, the works will be deemed to have been delivered
to the employer.
Article 694, Civil Code (Law No. 22/2004):
(a) an employer may refuse to take
delivery if the defect in the works or violation of the mutually agreed
conditions exceed such an extent that they would not serve the intended
purpose.
(b) If the defect or violation are not
of such seriousness, the employer' shall only be empowered to reduce the
consideration in proportion to the significance of the defect or shall oblige
the contractor to rectify the defect within a reasonable time limit to be fixed
by himself such rectification is feasible and does not involve exorbitant
costs.
Article 697, Civil Code (Law No. 22/2004):
In the absence of a custom or an
agreement to the contrary, the price is payable upon the contractor's delivery
of the works.
Article 698, Civil Code (Law No. 22/2004):
(1) When the works consist of several
parts or if the consideration is fixed on a unit price basis, the contractor
may be paid for the amount of work actually completed after the inspection and
acceptance thereof, provided that the completed part shall be a substantial
part or adequately significant part of the entire works unless otherwise agreed
upon.
(2) Upon payment of the consideration it
shall be presumed that the completed part has been inspected and accepted
unless he proves that the payment is made on account of or if the custom
otherwise provides.
Thus as per Qatari law upon Completion of works by a Contractor, it is
obligation of the Employer to accept the works and pay the dues of the
Contractor , unless the works are defective works.
* The translation of above articles of Qatar Civil Code is unofficial English Translation, reference should be made to Arabic Text.
Wonderful blog for all which you have shared here about employer. This is very informative for those who need this. In the future share this type of informative article here with us. child custody solicitor Victoria
ReplyDelete