Tort law at Qatar
Tort law in Qatar is primarily governed by the Civil Code (Law No. 22 of 2004), which outlines the principles of liability for unlawful acts (delicts). This legal framework is rooted in civil law traditions and provides a comprehensive approach to tortious liability.
🧾 Key Provisions of Tort Law in Qatar
1. Liability for Unlawful Acts
Article 199 of the Civil Code stipulates that any person who commits an act causing damage to another party is liable to indemnify that damage. This establishes the foundational principle of tortious liability in Qatar .
2. Scope of Recoverable Damages
According to Article 201, damages payable are limited to the loss incurred and profit forfeited by the aggrieved party, provided that such loss resulted directly from the unlawful act. These damages must be the natural consequence of the act and not avoidable by reasonable efforts .
3. Moral Damages
Article 202 allows for the recovery of moral damages resulting from unlawful acts. However, in cases of death, such damages are only granted to the spouse and relatives up to the second degree of kinship, and only for the physical, mental, or psychological suffering they sustained due to the death .
4. Defenses Against Liability
Article 204 provides that a person may not be liable for damages if they can prove that the damage resulted from a cause beyond their control, such as force majeure, an unforeseen incident, or the fault of the victim or a third party .
5. Liability of Guardians and Employers
Articles 208 and 209 establish that guardians are liable for damages caused by minors under their care, even if the minor has not reached the age of discretion. Employers are similarly liable for damages caused by their employees during the course of employment .
⚖️ Limitations and Exclusions of Liability
While Qatar's Civil Code allows parties to agree on limitations or exclusions of liability, such agreements are subject to certain restrictions:
Fraud and Gross Fault: Articles 259(1) and 259(2) permit the exclusion of liability for failure to perform contractual obligations, except in cases of fraud or gross fault. These exceptions cannot be waived by agreement .
Decennial Liability: Article 715 imposes strict joint liability on contractors, architects, and engineers for any collapse or defect of buildings or other fixed structures, even if the collapse arises from a defect in the land itself or from the employer's actions. This liability cannot be limited or excluded by contract .
Public Policy Considerations: Provisions that contradict public morals or public policy are void and unenforceable, as per Article 151. For instance, attempts to exclude liability for causing death or personal injury may be deemed contrary to public policy .
🏗️ Application in Construction and Engineering
In the context of construction and engineering contracts, Qatar's Civil Code provides specific provisions:
Muqawala Contracts: These contracts, akin to construction contracts, may involve liability in delict (tort) where no contractual relationship exists. Article 199 applies, holding parties liable for acts causing harm and loss to another party .
Liquidated Damages: Parties may agree on liquidated damages for delays or non-performance. However, such agreements are subject to the limitations discussed earlier, particularly concerning fraud and gross fault .
✅ Summary
Qatar's tort law, as outlined in the Civil Code, provides a structured approach to liability for unlawful acts, encompassing both personal and property damages. While the legal framework allows for contractual limitations and exclusions of liability, these are constrained by provisions that protect against fraud, gross fault, and considerations of public policy. In sectors like construction and engineering, understanding these nuances is crucial for drafting enforceable contracts and managing potential liabilities.
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