The Legal & Judicial Journal
This study seeks to answer the following important questions: What is the scope of the amendments to some of the rules of enforcement rules in Civil Procedure Law and legislated by Law (3) of 2019? What is the content, scope, purpose and effectiveness of these amendments in promoting effective justice? Are these amendments sufficient to combat the slow pace of enforcement procedures?
Thus, we are trying through this analytical, critical and comparative study to begin with the scope of these amendments to some of the rules of enforcement rules under Law No. 3 of 2019, in terms of the authority based on enforcement. Expedited enforcement of judgements, and then the content, scope, purpose and effectiveness of these amendments in promoting effective justice and combating the slowness of enforcement procedures, as well as their adequacy, and in some topics we will compare them with some Arab laws. Such as the Egyptian Civil Procedure Law and the Kuwaiti Civil Procedure as one of the oldest Gulf and even Arab legislation in the development of the enforcement authority, concluded this study with recommendations for the Qatari legislator to take into account in the upcoming comprehensive amendments.
This paper studies the legal conditions for the inspection under Jordanian and Qatari Laws as a comparative study. The Inspection by the Judicial Commissioners is an important method of proof regarding the criminal case. Due to its importance, many legal guarantees have been stipulated in order to protect right to privacy. The fulfillment of the legal conditions of the inspection is a respect for the principle of procedural legality, which in turn balances the right of society to reach the truth and the right of the individual to protect his rights and freedoms.
This study clarifies the legal conditions for the inspection as an investigative measure carried out by the competent authority, namely, the Judicial Commissioners. The study also shows the position of both the Qatari and Jordanian legislators against the violation of the inspection without the permission of the competent authority, excepts in some exceptional cases provided by the law, namely, the case of the crime, and in general with what has been settled by the Qatari and Jordanian courts in this regard.
This study concluded with a conclusion and some recommendations relevant to the legal conditions of the inspection as one of the important measures.
The statutory provisions governing partnerships limited by shares under Jordanian and Qatari legislation, as well as in many Arab legal systems, have remained largely theoretical and have not been practically applied for nearly four decades. This study investigates the legal and practical reasons that prevented the establishment of this type of company in most Arab countries.
The paper also examines the legislative reality surrounding partnerships limited by shares and analyzes the ongoing debate regarding whether this company form should be abolished or retained within Arab company laws. It provides an analytical review of the legal framework and evaluates the arguments supporting both positions.
The study concludes that maintaining a wide range of company forms available to investors is preferable to restricting investment choices, and therefore supports retaining the partnership limited by shares as one of the legally available corporate structures.
Possession does not give ownership in relation to the public domain of the State, its registered or designated private property, and in wasteland and desert lands, no matter how long the possession continued. But beyond that, and since possession presupposes ownership and places the possessor in the privileged position of the defendant, most jurists saw possession as a presumption of ownership, while others denied any relationship between possession and proof of ownership.
However, this view cannot refute the conflict between the abstract possession required by the ownership right through the advantages conferred by this right, and the exercised possession of the property that requires the presence of the holder in the property in a way that leads to the enjoyment of rights over the property and leads to limitations of property rights in contemporary laws.
This finds an echo in the Qatari Civil Law, whether related to movable or immovable property. Possession has a role that Qatari Civil Law has not denied in proving ownership, and the association of possession over time leads to the acquisition of ownership.
This research paper aims to scrutinize these assumptions by proving that the role of possession is to prove ownership in movable property (Section One), and to acquire ownership in immovable property (Section Two).
This study also concluded with recommendations, the most important of which is to call on the Qatari legislator to give preference to the material holder of movable property over the legal holder of nominal bonds proving ownership of those movables when both parties are equal in good faith. It also recommends adding a second paragraph to Article 967 of the Civil Code stating that: "The provisions of the previous article shall apply to property in which possession in good faith is based on a legal transaction transferring ownership, if possession continues for ten years," thereby allowing acquisition of ownership by a good-faith possessor of immovable property who acquired ownership through a transfer transaction and maintained possession for ten years.
The Gulf Cooperation Council countries adopted policy laws that covered various areas, including the Muscat Document for the Unified System (Law) of Personal Status for the Gulf Cooperation Council Countries, which was approved as orientation law since 1996. In its preamble, this document announced its objectives, which are to allow “Member States to coordinate and reconcile their systems”. After its passage, some Gulf countries enacted family law laws, namely the Personal Status Law of the Sultanate of Oman in 1997, the Personal Status Law of the United Arab Emirates in 2005, the Qatar on the family in 2006, and Bahraini family law in its Sunni section promulgated in 2009. This research aims to demonstrate the reconciliation achieved between the laws of the GCC States promulgated after the adoption of the Muscat document.