Question: The landlord of our shop passed away two months back and his son has now sent a revised rental agreement expiring this year-end. Our existing rental agreement with his father expires in May next year. We have been occupying this space for 20 years. Do we need to sign the new contract? Is the act of the son is legally justified or not? What shall we do if the son does not accept the rent? Please advise. 
AM, Doha

Answer: The rental agreement shall not get terminated on the death of the landlord. So, there is no requirement for signing a new contract. As per the contract, you are legally entitled to continue at the leased premises till the end of the contract with the terms and conditions including the rent agreed. 
According to the rent laws, regarding payment of rent, if the landlord abstains from receiving the due rent, the tenant may, not later than seven days of the date agreed upon or of the month for which the rent is due, pay the money to the court. The tenant must inform the landlord of such payment by registered notice.

Failing to produce witness in court
Question: What will happen if the plaintiff failed to produce the witness even after the judge asked for in a case in the Dafna court? I have filed a case in the court and in one hearing I told the judge that I have a witness and the judge asked me to bring him to the court. Unfortunately, I couldn’t make it due to the unavailability of the witness. Please advise.
AS, Doha

Answer: As per Article 277 of the Civil and Commercial code of procedure, if a litigant fails to bring his witness or has not intimated the witness to attend the hearing, the court or the deputed judge shall order the said litigant to bring the witness or to require him to appear in next hearing, as long as the specified date for interrogation has not expired. If he fails to summon the witness, the right to bring the witness shall abate. This shall not prejudice any other action provided for by the law as a consequence of such delay.

Payment of end of service gratuity 
Q: I resigned from my company due to some personal reasons on 28/03/2017, having worked for them for the past two years. Currently I am working on one-month notice. I would kindly like to know how long the company is supposed to take to clear all my dues after the notice period and also how to calculate my gratuity? If I get any opportunity in Qatar, can I come back again? My previous contract was indefinite and I have completed only two years. Please advise. 
SE, Doha

A: According to Article 54 of the Labour Law No 14 of 2004, the employer shall pay end of service gratuity to those employees with one or more years of continuous service and unless otherwise agreed a higher rate between the employer and employee, gratuity shall be calculated @3 weeks’ basic salary per year of service. The employees shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment. The employer should arrange the repatriation immediately after the last working day and employer should bear the expenses. 
In case of cancellation of residency permit, the person will be able to return to Qatar to take up employment immediately after being granted a new visa. The new law abolishes two-year ban on expatriates who want to come back. An expatriate who has got a new contract to work in Qatar can come back even the next day. 

Refusal to return company vehicle
Q: Our company had allotted vehicles to sales executives for transportation. Due to some issues, the company had instructed sales executives to return the vehicles. But one of our employee is not willing to return the vehicle. Moreover he is not attending work also. If we file a police complaint for illegal use of vehicle, what will be the punishment? Please advise.
YUK, Doha 

A: According to Article 347 of Penal law, whoever illegally takes any conveyance or means of transportation without the consent of the owner or authorised user thereof, shall be liable for imprisonment for a term not exceeding three years. 
Moreover, the employer may terminate the employee under Article 61 of the Labour Law if he absent himself from work without legitimate cause for more than seven consecutive days. 

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

LEGAL SYSTEM IN QATAR
As per Article 47, nothing is an offence which is done in good faith, in exercising the right justified by the Law or Islamic Shariah and within the limits thereof. The following are considered cases for the use of a right: (1) Medical treatment in accordance with scientific principles in the licensed medical professions, with the consent of the patient or his representative, expressly or implicitly or if the medical interference was an emergency or the patient is not in a condition to express his will or it is difficult to obtain the consent of his representative in a timely manner; (2) Acts of violence while practicing sports within the limits prescribed for such sports, in compliance with the rules of caution; (3) Necessary violence to arrest a person caught red-handed in an offence with the intention of arresting him;  and (4) Pleadings of litigants against each other during the written or verbal defense before the investigating authorities or the courts within the limits required for such defense.
There shall be no offence if a public servant commits the act in any of the following cases: First, executing the order of a superior that he must obey, or he thought was his duty to obey. Second, enforcing law, or believing in good faith that it is his duty to enforce it.
According to Article 49, nothing is an offence which is done in the exercise of the right of private defense. The right of private defense 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 defense is necessary to fend off the aggression and is compatible with said aggression. 
The right of private defense does not justify premeditated murder, unless it is intended to avert any of the following events: (1) an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; (2) an assault with the intention of committing rape, or disgracing any person by force; (3) an assault with the intention of kidnapping or abducting; (4) felonies of arson, destruction or theft; and (5) breaking inhabited house or annexes thereof by night. 
As per Article 51, whoever exceeds in good faith the limits of the right of private defence, while using this right, without having the intent to cause more harm than that required for defense, the court, if the act was a felony, may excuse the person and rules according to the penalty of misdemeanor in place of the penalty stipulated by law, and may consider this an extenuating condition if the act was a misdemeanor. 
The case of private defense exists, even if the person against whom this right is used is not criminally liable, and shall be established according to the provisions of the restraint of liability defined by law. 
Nothing is an offence which is done by a child under seven years of age. The procedures provided for in the law of juveniles concerning the perpetrator of felony or misdemeanor who reaches seven years old and under fourteen years old shall apply.