By Dr Nizar Kochery/Doha
Question: I was a partner in a limited liability company in Qatar which got liquidated five years ago and the name was struck off from the commercial registration and taxation departments too. A liquidator was appointed under a joint resolution by the partners. Now, we, the same partners, want to establish a new company. The question is that whether due to our presence in a new venture, any issue may crop up against the partners or the liquidator? Any chances of court cases? Please advise.
Answer: As per Article 321 of the company law, no claim against the liquidator concerning the liquidation activities shall be heard after the expiry of three years from the declaration date of the end of liquidation and no claims against the partners based on the company activities or against the managers, board members or auditors based on the acts done in pursuance of their functions, shall be heard after such a period.
Clarification on self-defence law
Q: Like other countries, what is the law on self-defence in Qatar? I would like to have a clarification on provisions related to self-defence under Qatar law. What are the acts that are considered as actions under the exercise of self-defence in Qatar law?
A: According to Article 49 of the penal law, it is not an offence if done in the exercise of the right of private defence. The right of private defence shall arise if the following conditions are fulfilled: (1) If the defendant faces immediate danger of any offence affecting himself, his property, or the person or property of a third party, or if he believes in the existence of such a danger based on reasonable grounds; (2) If it becomes impossible for defendant to resort to public authorities to prevent the danger in due course of time; (3) When the defendant has no other way to avoid the danger; and (4) If defence is necessary to fend off the aggression and is compatible with said aggression.
Liability period for repair works
Q: I am one of the partners in a company which executes construction contracts. We have successfully completed projects in different areas. Now we have an issue with a project which we completed in 2006 and we did all the defect maintenance that occurred during the decennial liability period. After 10 years, are we liable for any defects? Still we receive notices from client on various defects. Please explain to what extent we are liable for defects after 10 years.
A: The liability period begins on the handover of the project to the employer. The contractor shall not liable for defect discovered after the decennial period. If the contractor carries out repair to any defect discovered during the decennial liability period, the liability in respect of that element of the structure which required repair or reinforcement will remain for a further 10 years from completion of those remedial works.
No right to cut power connection
Q: I have subleased an apartment and in the lease agreement, the tenant agreed to pay rent on 15th of every month. For the initial few months, the tenant paid the rent regularly but now he is defaulting. Even after repeated requests he refuses to settle the dues. I approached the court concerned which asked me to register the lease deed. I cannot afford the fee required for registration. Moreover, attestation of the original lease is also required and that is not possible at this time. The tenant is not ready to vacate. Can I disconnect the electricity to the building to force the tenant to pay rent? Is there any other solution? Please advise. JDL, Doha
A: When there is a lease contract and tenant residing therein, you have no right to cut the electricity connection for any reason even when electricity connection is in your name. In the event of non-payment, the lessor can file a rental case before the Rental Disputes Settlement Committee to claim for the rent and termination of the contract. All the lease agreements are required to be registered by the landlord at the Leases Registration Office at the Municipality in order to enable landlord to bring a claim in respect of the lease agreement before the Rental Dispute Settlement Committee or the Court.
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