Each witness shall testify his evidence individually in the presence of litigants and in the absence of the rest of the witnesses whose evidence were not heard

 

 

QUESTION: An acquaintance of mine is the accused in a case which is unreasonably delayed for want of witness examinations. Both parties have witnesses. Most of the time one or another of the witnesses is absent or police fail to produce them in the court. Is it compulsory that witnesses should appear in the court along with litigants? Can we defend examination of a witness in the absence of other witnesses or litigants?

AT, Doha

 

ANSWER: As per law, hearing of witnesses before the court shall be in the presence of the litigants. However, if a witness has an excuse which prevents him from appearance, and the court was convinced thereof, the court may move to him, and hear his statement. If the court was formed of more than one judge, it may delegate one of its judges for this purpose. The litigants shall be invited to be present when this testimony is given.

The court shall make a minute of this testimony which shall be signed by the judge and the registry of the court. Each witness shall testify his evidence individually in the presence of litigants and in the absence of the rest of the witnesses whose evidence were not heard.

The court may order the litigants, or one of them to go out when the witness gives his evidence, to secure freedom of the witness.

 

Joint venture and WLL company

Q: We run a construction company in Malaysia and wish to submit a bid in Doha for a project. What are the limitations of a joint venture? What is the difference between a WLL company and a joint venture?

MU, Doha

 

A: The joint venture company provided under Article 52 of the Companies Law is an unincorporated entity, without legal personality. Whereas “WLL company” is a company with (2 - 50 shareholders) incorporated with liability of the shareholder limited to its share capital.

A joint venture company is an entity comprised of two or more persons that combine to carry out a project. The memorandum of a joint venture shall define its objects, the rights and liabilities of partners, the management and also the method of distributing profits and losses.

The JV is not required to follow the same commercial registration requirements as other categories of business as the joint venture entity has no legal personality.

A third party is required to enforce claims against the joint venture partners rather than against the joint venture entity. If the partners behaved in a manner which indicated to the third party the existence of a separate company as distinct from a joint venture, then third party shall have right to consider the business as a real company and the partners shall be jointly responsible towards the third part.

 

Minimum wage for engineers

Q: Is there a minimum wage guideline in the law for an engineer? Having eight years’ experience, I have joined a company in Qatar as an engineer with an offer “salary appropriate for an engineer”. After coming to Qatar, a contract was signed and it was stamped by the Labour Department but the salary mentioned in it was very low. On negotiations, it has been agreed to revise this. If modified, will this be valid? What’s the law on this? What is meant by “appropriate” salary?

FR, Doha

 

A: Qatar Labour Law does not specify any minimum wage or appropriate salary. The terms and conditions of employment including wages will be regulated by the employment contract.

If the contract does not specify wage, stipulations under authenticated employment regulations of the employer shall be considered as the basis to fix up the same. According to Article 46, the employer who employs ten or more workers shall make regulations for the organisation of the work. If the wage is not specified in the said regulations then the worker shall be entitled to a wage equivalent to the wage specified for work of a similar type in the establishment and otherwise in accordance with the custom applicable to the profession in the place of performance of the work and if there is no such custom the judge shall specify the wage in accordance with the requirements of justice.

Regarding amendment to the contract, the subsequent contract with revised terms will prevail. Settle differences mutually and sign a new contract with all your agreed terms.

 

Exit permit requirement

Q: I am a resident in Qatar and my family is with me. But my elder son, who isn’t a resident,  is coming on a visit visa along with his wife. His wife is under her father’s family visa. Does my son require an exit permit under the new Labour Law? Since they all are coming together, do they require exit?

ET, Doha

 

A: As per laws relating to entry and exit - Law No 4/2009, expatriate male children of 18 years or above had to avail of the exit permit whether they were residents or visitors if they had stayed for more than 30 days in the country. Visitors who have stayed more than 30 days have to obtain exit permits as stipulated in Article 18 of the Law. Women on parent’s/husband’s sponsorship is exempted from exit permit.

 

Please send your questions by e-mail to: [email protected]

 LEGAL SYSTEM IN QATAR

The ownership of movables and immovable as in the case of other real rights, are transferred when the contract refers to an item belonging to the person disposing thereof subject always to the provisions of the following two articles 246 & 247.

According to Article 246, subject to the rules with regard to transcription, an obligation to transfer ownership or any other real right transfers ipso facto that right, if the object of the obligation is specifically identified and is owned by the debtor without prejudice to the rules related to registration. When an obligation to transfer a real right has for its object a thing which is described only as regards its species, the right is not transferred, unless the object is identified as regards its individuality.

If, however, the debtor does not perform his obligation, the creditor may, upon an order of the judge, or in case of urgency even without such an order, acquires, at the expense of the debtor, an article of the same kind. He may also claim the value of the article without prejudice to his rights to damages, in either case.

Article 920 defines pre-emption. Pre-emption is the right to substitute the purchaser upon the sale of the property in the cases and according to the conditions laid down in the following articles.

The right of pre-emption is established for the holder of the ownership without usufruct, if the corresponding right of usufruct or a part of it is sold; belongs to the co-owner in the case of a sale to a third party of a part of the property held in common; the usufruct if all the ownership without usufruct corresponding to this right or part of it is sold; the holder of the ownership without usufruct in the long lease if all or part of the corresponding right of long lease is sold, and to the leaseholder if all or part of the ownership without usufruct corresponding to his right is sold.

To the neighbour, if the real estates are buildings or land intended for construction; if the sold land benefits from a right of easement on the neighbour’s land or if the neighbour’s right of easement is on the sold land; if the neighbour’s land is adjacent to the sold land from two sides and equal in value to half of the price of the sold land at least.