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Doha Events 2011

Doha Events 2011

The binding force of the contract Thursday, 19 May 2011 04:01

Qatar Civil Law No 22/2004 on the force of the contract points out that the contract can be revoked or amended only by an agreement of the parties or for the reasons specified by the Law. However. if some extraordinary and unexpected incidents took place and it became harsh for the debtor to implement the contractual obligation as a result of such incidents in a way that threatens him of massive loss, the judge may, depending on the circumstances and comparing between the interests of both parties, return the onerous obligation to the reasonable extent and every agreement contrary to that shall be null and void. The contract shall be implemented according to what it contained and in a manner consistent with the requirement of the goodwill. The contract is not limited to obligate the contractor to what has been provided in it, but he also has to include what is required by the law, custom and justice according to the nature of the obligation. If any simulated contract has been concluded, the hidden contract without the apparent contract is a contract which is valid between the contracting parties and non-designated successor and each of them, the creditors of the contractors and designated successor have the right to stick with the hidden contract and prove by all means the simulation of contract which harmed and they can adhere to the simulated if they have good intention. If the interests of the concerned persons contradicted in a way that some of them stick to simulated contract and the other stick to the hidden contract the preference shall be given to the fore-bearer.

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