QUESTION: What are the rights of a lessor for attaching the belongings of the lessee? We are tenants through subletting of a building but due to business failures couldn’t make regular payments. There is no court case yet. All our sensitive and highly expensive machineries are in the premises and they include hired equipment. When we planned to remove these items, the landlord’s representative issued a notice to stop any such movement. Could he do this? We are staying in the premises and our personal belongings too.
JB, Doha
ANSWER: According to Article 609, the lessor has, as warranty for all amounts due to him under the lease agreement, a lien on all the attachable movables kept in the leased property, while they are subject to the lessor’s right of privilege, even when they do not belong to the lessee.
The lessor has the right to object to their removal and, if they are removed notwithstanding his objections or without his knowledge, to claim their recovery from their possessor even in good faith, subject always to the rights of such possessor thereon.
However the lessor shall not exercise his rights of retention or of recovery when the movables have been removed to meet the professional requirements of the lessee or in accordance with customary requirements of daily life, or if the movables remaining on the leased property or already recovered are sufficient fully to cover the rent.
A tool of payment
Q: I have taken a personal loan and have paid 70% of it. While taking the personal loan I had issued a blank cheque without any amount written and undated as security for the payment to my lender. Now he has written the total amount of loan and its interest in the blank cheque and has presented to the bank. As the cheque has been bounced, a case has been filed against me, it seems. Am I guilty in this? Can I file a case against him for forging the amount?
AD, Doha
A: A cheque is an unconditional order for the payment of a certain sum of money. Hence it may not be issued unless the drawer owes the drawee. It’s a tool of payment that is considered as money and replaces it while paying the obligations.
By endorsing a blank cheque with signature and handing it over to the beneficiary, the drawer of the cheque has effectively granted the beneficiary unqualified authority to fill in the amount. No one can defend with the fact that the cheque was issued as a security/guarantee, etc as it is a tool of payment and not an instrument of credit.
Shares and limited liability company
Q: We are mobilising fund for setting up a business. Most promoter investors are working in different companies. Hence they cannot become official partners. Also, the number of investors exceeds more than the maximum. Can we issue share certificates under the company’s seal?
RT, Doha
A: As per current practice, there is no issuance of shares or share certificates of a limited liability company. As per Law, a separate register of partners to be maintained by the company. The company shall retain a special register for partners which shall include the detailed information relating to the holding of each partner including any transactions.
Under Article 324 of the Companies Law, anyone who enters in the circular for the issuance of shares, bonds or other financial instruments, statements which are false or contrary to the provisions of the Law, and anyone signing such documents knowing of their illegality shall be punishable with imprisonment for a period of not more than two years and a fine of no less than QR10,000 and no more than QR100,000 or by either punishment.
Medical condition
Q: Who is the authority in Doha to test my delayed treatment and incapacity to work? I had met with an accident and am unable to perform the work I was doing before. But my employer wants me to continue in the same job. The accident was related to work. I have been asking my employer to provide me a job to suit my health condition or repatriate me to my home country but my appeals have failed. I am still undergoing treatment.
AB, Doha
A: According to Article 112 of the Labour Laws, if a dispute arises between the worker and the employer as to the ability of the worker to resume his work or as to any other medical matter related to the injury or disease or the treatment prescribed thereof or the applied treatment, the department shall refer the dispute to the competent medical authority.
The decision of the medical authority on the matters falling within its competence shall be final. Seek the assistance of Labour Department.
Employing maids on part time is illegal
Q: Can I employ a part-time a house maid from an agency to look after my children because we both are employed? The agent will give letter that he has provided the services. Is such employment legal?
TP, Doha
A: Employing domestic maids on part time is illegal. Article 15 of Law No 4 of 2009 prohibits working for employers other than the sponsor and employing anybody who are not under their sponsorship. Any violation is punishable under Article 51 by imprisonment for a term not exceeding three years and a fine not exceeding fifty thousand riyals, or one of these two penalties.
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LEGAL SYSTEM IN QATAR
Without prejudice to the provisions relating to life insurance, the insurance policy may be in the form of a policy in favour of a particular person or policy to order or policy to the bearer. If it is a policy to order, it shall be transferred by endorsement even though in blank. The insurer may invoke against the policyholder or the person who holds it with all the pleas that he may invoke against the insured. The conditions relating to invalidity, forfeiture or arbitration may not be invoked against the insured unless expressly defined.
The condition stipulating the forfeiture of the insured’s right by reason of delaying the reporting of the accident by the insured to the authorities or in the submission of the document where it is proved by the circumstances that the delay is attributed to an acceptable excuse.
Article 777 nullifies any condition which excludes from the scope of insurance the business activities that contravene the laws and regulations unless the exclusion is specific and every arbitrary condition that is found that its breach has had no effect upon the realisation of the insured risk.
The term of insurance shall be clearly written in the policy. Unless otherwise agreed the term shall commence from the first day following the conclusion of the contract and shall expire at the end of the last day thereof. If it is agreed that the effectiveness of insurance shall commence on a certain day, it shall come into effect from the beginning of this day.
Except for the insurance contracts ruled by special legislation, both the insurer and insured may where the insurance term is more than five years request the termination of the contract upon the expiry of every five years of its term if a notice if given to this effect to the other party at least six months prior to the expiry of such term. This particular provision shall be stated in the insurance policy. .
Mostly a special clause appearing in the policy may provide for agreeing on the extension of the insurance contract automatically if the insured fails at least thirty days prior to the expiry of its term to give notice by a registered letter to the insurer expressing his desire not to extend the contract. Such extension shall only apply from year to year and every agreement for extending the insurance for a longer period shall be deemed null and void.