Qatar Civil Code (Law No. 22 of 2004)

المادة 1

The statutory provisions shall apply, expressly or impliedly, to relevant issues dealt with by the provisions herein. Where there is no statutory provision, the Judge shall rule according to the relevant provision of the Islamic Shariah , if any. Otherwise the Judge shall rule according to the customary practice. In the absence of such customary practices the Judge shall rule in accordance with the rules of justice.

المادة 2

A provision of a law can only be repealed by a subsequent law expressly providing for such repeal, or containing a provision prejudicing a provision of the former law. Where a new law regulates a new matter previously regulated by a former law, the new law shall revoke all the relevant provisions of the former law.

المادة 3

Save as otherwise provided, the new law shall apply to all cases from such time as it comes into force. The consequences of actions or dispositions shall remain subject to the law applicable at the time of conclusion of such actions or dispositions, unless the provisions of the new law relate to public order, in which case the provisions of the new law shall apply to such consequences .

المادة 4

Provisions regarding the legal capacity of persons shall, from such time as such provisions come into force, be applicable to all persons who fall under such provisions. Change in capacity in accordance with the provisions of the new law shall have no effect on any dispositions prior to the effective date of the new law.

المادة 5

New legislative provisions regarding prescription shall apply from such time as they come into force in all cases in which the period of prescription has not been completed. Former legislative provisions, however, shall apply as regards the date of commencement of prescription, its cessation and its interruption in respect of the period prior to the application of the provisions of the new law .

المادة 6

Where the new law provides for extension of any incomplete prescription, the part of such period prior to the effective date of the new law shall be taken into account.

المادة 7

When the new law provides for a period of prescription shorter than that provided for in the former law, the new period shall apply from the date on which the new law came into force. If, however, the remaining period still to run under the former law is shorter than that fixed by the new law, the prescription shall be completed upon the expiry of the remaining period under the former law .

المادة 8

The provisions of the existing law shall apply to the conclusiveness of evidence effective from the time of occurrence of any incidents or acts that require to be proved by evidence.

المادة 9

Times shall be calculated according to the Gregorian calendar, unless the law provides otherwise.

المادة 10

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

المادة 11

The status and legal capacity of persons are governed by the law of the country to which they belong by reason of their nationality. 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 .

المادة 12

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. 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.

المادة 13

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. 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 .

المادة 14

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.

المادة 15

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

المادة 16

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. 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.

المادة 17

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.

المادة 18

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

المادة 19

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.

المادة 20

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

المادة 21

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.

المادة 22

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.

المادة 23

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

المادة 24

A testament and all other dispositions taking effect after death shall be governed by the law of nationality of the testator. 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.

المادة 25

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. The law of the jurisdiction where the property is located shall determine whether such property is immovable or movable.

المادة 26

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.

المادة 27

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. Contracts relating to immovable property, however, shall be governed by the law of the jurisdiction in which the immovable property is situated .

المادة 28

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.

المادة 29

The form of contracts shall be governed by the law of jurisdiction of the country where such contracts are concluded. 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.

المادة 30

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. 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.

المادة 31

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.

المادة 32

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

المادة 33

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.

المادة 34

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.

المادة 35

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. 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.

المادة 36

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.

المادة 37

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.

المادة 38

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.

المادة 39

The personality of a human being shall commence upon being born alive and shall cease upon death. Missing, absent and foundling persons shall be subject to the provisions prescribed in special laws. In the absence of such special laws, the provisions of the Islamic Shariàh shall apply .

المادة 40

A fetus in utero shall be capable of rights, provided that it is subsequently born alive.

المادة 41

The domicile of a person is his place of habitual residence. Such person may have more than one domicile simultaneously.

المادة 42

The place where a person exercises a trade or profession shall be considered his domicile in connection with such trade or profession.

المادة 43

The domicile of an incapacitated, missing or absent person or of a minor shall be the domicile of his legal representative. However, the minor or incapacitated person shall nevertheless retain his special domicile in respect of any acts that he is legally qualified to perform.

المادة 44

A chosen domicile may be elected for a specific legal act. The chosen domicile shall apply unless expressly limited to certain acts. The chosen domicile must be proved in writing.

المادة 45

The family of a person shall consist of the person's spouse and relatives. Persons having a common ancestor are deemed to be relatives .

المادة 46

Lineal consanguinity is the relation in a direct line between persons who descend from the same ancestor. Collateral consanguinity is the relationship between persons who are related by a common ancestor but do not descend from each other.

المادة 47

The degree of lineal consanguinity shall be determined on the basis that each descendant is related by a degree, without counting the ancestor. The degree of collateral consanguinity shall be determined by the number of descendants up from one descendant to the common ancestor and then down from such common ancestor to the other descendant, without counting that ancestor.

المادة 48

The degree of affinity shall be determined by the degree of relationship to the spouse.

المادة 49

Any person who attains the age of majority and is in possession of his mental faculties shall have full legal capacity to perform legal acts, unless guardianship or custody of his property is decided to be continued or unless such person is incapacitated. The age of majority shall be 18 years.

المادة 50

No person who lacks discretion by reason of youth or imbecility or insanity shall be competent to exercise his civil rights. A person under the age of seven years shall be deemed not to have reached the age of discretion.