By Nizar Kochery/Doha

Question: We had placed an order to procure some materials on certain terms and conditions. But the seller has sent the goods which are not in conformity with the terms. What are the consequences if we refuse to accept? What are the formalities to be followed?                                                                                                                 

FT, Doha

 

Answer: Article 151 of the Qatar Commercial Law stipulates that the buyer is not obliged to accept the goods sent to him by the seller if they do not conform to the terms recorded in the contract. The buyer should notify his objections to the seller within seven days from the date on which he takes delivery otherwise the buyer is considered to have accepted these goods. The seller has to be notified to send the goods that conform to the conditions within an appropriate period.

After the termination of this period the buyer may apply for recession of the sale with compensation if this is appropriate. If the buyer has returned the goods for some reasons or has accepted them with restrictions, he may not after that express any objection other than for the reasons and restrictions he has previously recorded. If the buyer has returned the gods without acceptable cause, he will be liable to pay compensation to the seller for the detriment that arises from this.

 

Not entitled to compassionate leave

 

Q: Does Qatar law have any decree for spouse’s sick leave eligibility when his/her spouse is admitted in the hospital for delivery or any major surgery/medication?                                                                     

AS, Doha

 

A: The Qatar Labour Law does not provide compassionate or emergency leave as matter of entitlement. The law prescribes only a minimum set of leave entitlements (annual leave and sick leave) which cannot be waived or limited. The employment policy of the company will prevail for establishing such rights. The employer and employee while drawing up the terms of employment may agree on specific provisions for emergency or compassionate leave entitlements. Article 46 stipulates employment regulations when the staff strength exceeds 10 and any such regulations once authenticated will have the validity of law for the parties. Accordingly unless otherwise available in the authenticated employment regulations or in the employment contract, the employee will not be eligible for such leave.

 

Change of sponsorship

 

Q: I am working in a company for the past 18 months. I have not signed a contract. At the time of joining it was verbally agreed that I would be given release at any time if I didn’t like the job. Now I want to change my sponsorship. But the company is not giving release. Do I have any legal way to get release?                                                                                                                   

SM, Doha

 

A: Change of sponsorship will be possible only with current employer’s consent subject to approval of the immigration authorities. There is no legal procedure available for transfer of sponsorship other than for the reasons provided under Article 12 of the sponsorship law. As per the provision the appropriate authority may grant transfer of sponsorship temporarily if there is a legal dispute between the sponsor and the expatriate worker.

 

Laws regulating e-commerce

 

Q: Are there laws for regulating e-commerce businesses (or online trading) in Qatar? If someone has a textile business online for instance, would the laws governing textiles apply online as well? How would laws on sale offers apply? Where would I be able to get more information on this?                 

MY, Doha

 

A: Law No 16 of 2010, the Electronic Commerce and Transactions Law sets out e-transaction, its requirements, its effects, the transmission and storage of information, and consumer protection. The law gives legal recognition to business transactions conducted over electronic communications such as e-mails, websites, etc. It includes the legal validity of electronic contracts and signatures.

Regarding textile business online, the commercial code of Qatar (Law No27/2006) governs the relationships and transactions that arise from engaging in commercial activity. The e-commerce transactions in Qatar are governed and regulated by commercial code and electronic commerce law. The Consumer Protection Department of the Ministry of Economy and commerce is responsible for issuing licences required for promotional sales and discounts. You may contact the ministry for further assistance.

 

♦ Send your questions by e-mail to: leges@qatar.net.qa

 

 

LEGAL SYSTEM IN QATAR

If a Pledgee loses possession of the thing unknowingly or against his will, he has the right to reclaim the thing from any other person in accordance with the provisions of the law as to possession. A contract of pledge secures not only the capital of the debt, but also and in the same rank; expenses of a necessary kind incurred for the preservation of the thing pledged without prejudice to the privileges of possession expenses; compensation for losses resulting from defects in the thing pledged; and the costs of the debt contract, contract of pledge, its inscription, if any, and the costs incurred for the enforcement of the pledge.

A right of pledge is extinguished as a result of the extinguishment of the secured debt. It is revived with the debt if the cause of the extinguishment of the debt disappears, without prejudice to the rights of third parties in good faith legally acquire the interval between the extinguishment and the revival of the right of pledge. According to Article 1147, a right of pledge is also extinguished by one of the following causes:

(a) The renunciation of the right by the Pledgee if he has the legal capacity to liberate the debtor of the debt. The renunciation may result tacitly if the creditor voluntarily gives up the thing pledged or if he agrees without reserve to its alienation. If, however, the thing pledged is charged with a right in favour of a third party, the renunciation of the Pledgee is only valid as regards such third party if such third party consents.

(b) The union of the right of pledge and that of ownership of the thing pledged is one and the same person.

(c) The loss of the thing pledged or the extinguishment of the right given in pledge.

The Pledgor may, in case of a profitable sale transaction offered for the thing pledged, may apply to the court for permission to sell the thing, even before the debt falls due. The court may, upon balancing between the interest of each party, decide to permit the sale and determine the sale conditions and settle the matter of depositing the price.

A pledge of an immovable is only valid as against third parties if, in addition to delivery of the pledged immovable to the Pledgee, the contract of pledge is inscribed. The provisions governing the inscription of a mortgage apply to the inscription of pledge of an immovable. A Pledgee of an immovable may lease the immovable to the Pledgor without the contract of pledge being less valid as against third parties. If the lease is agreed to in the contract of pledge, it must be mentioned in the inscription of the pledge, but if the lease is agreed to after the pledge, it must be noted in the margin of that inscription. Notation is not necessary if the lease is tacitly renewed.

A pledge of a movable is only valid against third parties if, in addition to the delivery of the movable pledged, it is constituted by a written contract adequately setting out the amount of the secured debt and the object of the pledge and having an established date. The rank of the secured creditor will be fixed in accordance with such established date. The rules relating to the effects of possession of material movables and of bearer securities apply to the pledge of a movable.