QUESTION: I am about to leave Qatar. I have to receive money from a colleague and to transfer my car. I wish to issue an authorisation to a friend of mine for doing these in my absence. What’s the procedure to do it in Qatar? Or could I do it from my country of residence? Can I just issue an authorisation, signed by two witnesses?
AS, Doha
ANSWER: According to Qatar Civil Laws, power of attorney/authorisation must be in the form required for the legal act forming the object of the power of attorney. The grant of power of attorney inside Qatar requires its authentication before Ministry of Justice officials on the prescribed “notarisation” format.
However, issuing a power of attorney outside Qatar for use in the state requires that the power of attorney be notarised, attested, and consularised to the level of the Qatari embassy in the country of origin, before it is re-attested by the Ministry of Foreign Affairs in Doha.
Authorised signatory
Q: I work as a company’s general manager. Can I appear in court representing the company or can I authorise a lawyer to attend? I am not a shareholder. Do I need any prequalification?
SD, Doha
A: A general manager whose name is not listed as authorised signatory will not be able to authorise an attorney to represent the company in court. Therefore ensure that the name is listed as authorised signatory and the powers are clearly enunciated in the Articles of Association.
Bounced cheque
Q: I have issued a cheque as guarantee for some payment. At the time of issuing the cheque, there was enough fund in the account to pay it. Later when the holder threatened to encash the cheque, I withdrew the money and the cheque got bounced. The point to remember is that at the time of issuing the cheque, there was sufficient fund. If I pay up now what will happen to the court order if it is issued?
YUM, Doha
A: The criminal case pertaining to a dishonoured cheque shall be terminated either by payment of the value of the cheque or by withdrawal of the complaint following the occurrence of the crime and prior to the issuance of a final court judgment.
Accordingly the criminal action shall be ended/terminated upon withdrawal of the case by the complainant or upon payment of the cheque value subsequent to the perpetration of the crime but prior to the issuance of a final verdict.
As per Article 357 of the penal laws, whoever draws in bad faith a cheque without sufficient funds or who, after giving the cheque withdraws all or part of the funds, so that the remaining balance is insufficient to cover the amount of the cheque, or gives an order to the drawee to stop payment, or deliberately writes or signs the cheque in such a manner as to make it unpayable shall be sentenced to detention and to a fine or to one of these penalties.
Nursing break
Q: I am a working mother under my husband’s sponsorship. I have been with a company since 2008. While granting maternity leave and nursing break for 30 minutes a day, the employer issued a letter fixing the timings for nursing. According to the letter, “any deviation from the above schedule will attract termination”. I am due to give birth soon and have to choose the nursing break on a different schedule, depending on my child’s conditions. Can I do this? If I do will it affect my job? Advice
LR, Doha
A: The fixing of the nursing times shall be made by the female worker. According to Article 97 of the Labour Laws, the nursing female worker shall be entitled in addition to her entitlement to the normal rest intervals during the year following the year of delivery to a nursing interval which shall not be less than one hour per day.
The nursing interval shall be calculated as part of the working hours and shall not result in a deduction of wage.
Regarding termination, Article 98 stipulates that the employer may not terminate the service contract of a female worker due to her marriage or availing maternity benefits as provided in the law.
Also the employer may not notify of the termination of her service contract during this leave and may not send her a notification which expires during the said leave.
♦
LEGAL SYSTEM IN QATAR
Article 1018 stipulates that the usufructuary must use the property in the state in which he has received it and according to the object for which it was intended. He must observe the rules of good management.
The owner may object to any use of the property that is unlawful or unsuitable to the nature of the property. If the owner proves that his rights are endangered, he may demand security and if the usufructuary does not provide such security or if, in spite of the objections of the owner, he continues to use the property unlawfully or in a manner unsuitable to its nature, the Judge may take the property from him and entrust it to a third party for its management. The Judge may also, in circumstances of a serious nature, declare the usufruct extinguished, without prejudice to the rights of third parties.
The usufructuary is liable, during the continuance of his enjoyment, for all normal charges in respect of the property subject to the usufruct and all expenses for repairs incidental to its maintenance. The owner is not obliged to pay abnormal expenses and cost of major repairs even though do not arise from any fault on the part of the usufructuary unless the right to usufruct is with consideration or otherwise. The usufructuary must preserve the thing with the usual diligence of a normal person.
He is responsible for the loss of the property even through no fault on his part, if he fails, after given a notice, to restitute the property to its owner upon termination of the usufruct, unless he proves that such loss would have occurred even if the thing had been in the possession of the owner.
According to Article 1021, the usufructuary must give notice to the owner without delay if the property perishes, deteriorates, requires major repairs or if it is necessary to take protective measures against an unforeseen danger. The usufructuary must also advise the owner if a third party claims to have a right over the property.
When the property subject to the usufruct is a movable, an inventory must be made thereof and the usufructuary must give security in respect thereof. If no security is given, the Judge may pass an order to place the property in the hands of a trustee to administer it for the usufructuary’s account.
A usufructuary who has given security may use such things as are consumable provided that he replaces them when his usufruct comes to an end. The usufructuary is entitled to the natural increase of cattle and herds, after replacing them from such animals as have perished accidentally.
The usufruct terminates at the end of the time for which it was fixed. If no time is fixed, it is deemed to have been created for the lifetime of the usufructuary. It ceases in any case upon the death of the usufructuary.
Usufruct is extinguished by the loss of the property but the usufruct is transmitted to any property obtained in lieu of the property destroyed. If the loss is not due to the fault of the owner, he is not bound to restore the property to its original condition, but if he restores the property, the usufruct is recreated in favour of the usufructuary if the loss was not imputable to him.
