SAT, Doha
Answer: Article 177 of the Trade Law stipulates that while the consignment is in possession of the carrier, the consignor may instruct to return or dispatch to a person other than the original consignee, provided the consignor shall pay the charges for the carriage and compensate the carrier for the expenses and damages. The said right shall not be exercised by the consignor, if the consignor fails to produce the carriage document or the consignment has arrived at the destination and consignee has notified to take delivery. Such a right shall be transferred to the consignee on receipt of carriage document.
Shareholder has right to attend general assembly
Q: I am partner (not an active one) in a company holding less than 10% of shares. The company’s decisions are usually taken by the operating partners. The opinions of the other partners are not even considered. We have been invited for general assembly, but we have no right to discuss and give any opinion on the company’s affairs. Being the shareholders with lower percentage as well as not actively participating in day-to-day affairs of the company, do we have a right to discuss issues related to the company? Please advise.
ER, Doha
A: Each shareholder shall have votes proportionate to shares held or represented by them and have the right to attend the general assembly irrespective of the number of shares held. As per Article 132 of the Company Law, every shareholder has the right to discuss the issues listed in the general assembly’s agenda and to submit questions to the members of the Board of Directors, and the members of the Board of Directors should answer the questions as long as this does not cause any damage to the company’s interest. The shareholder has the right to appeal to the general assembly if he sees the response to his question was insufficient, and the execution of the general assembly’s decision is obligatory.
Registration of lease agreements mandatory
Q: We subleased the property to another party and now the tenant is not paying the rent properly. When we approached the rental committee, they require the lease contract to be attested from the Ministry of Municipal Affairs and Agriculture and they also require main lease agreement with the owner to be attested. We have all rights to sublease in our contract. Is it legally required for raising the claim? Please advise.
PW, Doha
A: The landlord should register the lease agreements at the office for Registration of Lease Contracts at Ministry of Municipal Affairs and Agriculture. In order to claim before the Rental Dispute Settlement Committee or court, the landlord should register the lease contracts. In case of sub-lease, the main lease agreement registration is required for the registration of the sublease agreement. The registration of both lease agreements is mandatory for bringing the claim.
Judgment’s validity unaffected by errors
Q: In a recovery of money suit, I got a judgment in my favour and I have initiated execution procedures. In the meantime, it was noticed that there are some errors in the names and details mentioned there and it can cause difficulty for proper execution of the judgment. How can I correct these errors? Do I need to file a new case for this? Please advise.
SK, Doha
A: According to Article 138 of Civil and Commercial Procedure Law, the errors shall not affect the validity of judgment and court shall undertake to rectify such errors in the judgment by a decision issued by the court in its own motion or at the request of one of the litigants without pleadings. The registry of the court shall make the corrections in the original judgment copy and sign the same together with the presiding judge. The rejected request for correction may not be challenged except with the objection to the judgment itself. But, decision issued for correction may be appealed separately by the applicable procedure for appealing the correction of a judgment, if the court exceeds its authority.
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LEGAL SYSTEM IN QATAR
According to Article 20 of the Criminal Procedure Code, if the person suffering damage from the crime lacks the capacity necessary for litigation, and has no legal representative, the court considering the criminal action shall, on its own or upon the request from the public prosecution, appoint him an attorney to claim his civil rights.
If the defendant, against whom the civil case has been instituted, lacks the capacity necessary for litigation, and has no legal representative, the court shall, on its own or upon the Public Prosecution’s request, appoint him a legal representative.
The civil action against the insurer may be instituted before the criminal courts in order to compensate for the damage caused by the crime. Both the civil defendant and the insurer may join in the proceedings at any phase. The Public Prosecution and the civil claimant may oppose the joining in of any of them.
As per Article 22, the suspect may request the criminal court to compensate for the damage suffered because of false testimony or deceptive accusation by the informer or the victim, and the court shall render a judgment of compensation against the persons convicted in the crime of false testimony or false notification.
If the criminal court considers that the determination of the civil action requires the conduction of special investigation that would result in postponement of the criminal action determination, the criminal court shall refer the civil action to the competent civil court.
The civil claimant may leave the claim before the criminal court at any stage of the action. The claimant may, in this case, initiate the civil action before the civil court having jurisdiction.
According to Article 25, if the civil action was initiated before a civil court, the determination of the case shall be suspended until a final judgment is issued in the criminal action brought either before its institution or during its proceedings. The civil action suspension before the civil court shall cease, if the criminal court issues a ruling of conviction in the absence of the suspect, as from the lapse of the time for appeal by the Public Prosecution, or as from the determination on this appeal.
If the determination of the criminal action has been suspended due to the defendant’s insanity, the criminal court may determine in the civil action against its trustee. The suspension of the civil action shall not prevent undertaking of precautionary or urgent measures.
If the criminal action has expired after its institution for any reason, the criminal court shall refer the civil action brought before it to the civil court having jurisdiction, unless the action was in the determination phase.
The investigation officer shall investigate crimes, search for their perpetrators, and collect evidence necessary for the investigation and trial. The investigation officer may, if necessary, directly seek the assistance of public authority officials while performing their duties.
As per Article 31, the investigation officer shall accept reports and complaints received about crimes, and submit them immediately to the Public Prosecution. The investigation officers shall obtain all necessary clarifications in order to facilitate the investigation of the reported facts, or the facts of which they are aware, by whatever manner, and they shall take all the necessary precautionary measures to preserve the evidence of a crime. All procedures carried out by the investigation officer shall be made in written records signed by them, showing the time and place of procedures, accompanied with the signature of the suspect, witnesses and experts who were heard in the proceedings.