Sale of Wafa in Qatari Civil Law: A Comparative Study

Abstract

This research aims to know the legal nature of the sale of loyalty contract according to the text of Article (474) of the Qatari Civil Code and Article (508) of the Kuwaiti Civil Code, and Articles (473-485) of the Lebanese Obligations and Contracts Law, and the adequacy of the legal texts that dealt with the sale of loyalty in the Qatari and Kuwaiti legislations. The research relied on the descriptive, analytical and comparative approach, and reached many results, the most important of which are: The seller may recover the sale in the sale of loyalty, and the buyer may recover the full price, whether in Islamic law or in Qatari and Kuwaiti law. However, the Kuwaiti legislator considered it a “possessory mortgage”, while the Lebanese legislator considered it a real sale contract, but it is suspended on a resolutory condition represented by the seller returning the price to the buyer, then the resolutory condition is fulfilled and the contract is rescinded. For his part, the Qatari legislator indicated that if the sale of loyalty is related to a resolutory condition that leads to the seller being stripped of his sale in light of its connection to the resolutory condition, the sale is considered void, while the Kuwaiti legislator - if the sale of loyalty is related to a condition - considered it a contract of imposition secured by a mortgage that is returned to the seller Whenever he pays his debt.

     The research recommended many recommendations, the most important of which is the necessity of urging both Qatari and Kuwaiti legislators to enrich legal articles in both countries related to recovery and the effects associated with the sale of loyalty, in light of the limitation to one article in the Qatari Civil Law and the Kuwaiti Civil Law for the sale of loyalty, and the necessity of urging the Kuwaiti legislator to amend the text of Article (508) of the Kuwaiti Civil Law that the sale of loyalty is a loan secured by a possessory mortgage, in light of the difference between it and the sale of loyalty, through which the owner does not strip himself of the sale, but remains its owner, while in the possessory mortgage, the owner is stripped of possession.