Cooperation as a Contractual Obligation in the Qatari Civil Code: An Analytical Study

Abstract

The principle of cooperation in contracts can take the form of one party’s action or lack of action which enables the other party to fulfill his or her obligation)s(, as in the case of sub-contracts. On the other hand, it can consist of one party collaborating in order to enable the other party to enjoy his or her rights, as in the case of lease, Hawa- la, and sponsorship agreements. The Qatari civil code does not include explicit provi- sions on cooperation as a contractual obligation. However, as will be discussed in this paper, there are various provisions in the Qatari law which include implicit references to this concept including the ones dealing with the obligation of the employer towards the contractor, the lessor towards the lessee, and the creditor towards the guarantor. The obligation of cooperation may consist of an engagement to achieve an outcome or provide a service, depending on the laws regulating the agreement. Similarly, the obligation of cooperation is intertwined with the principle of Bona Fide, though they remain different in many respects. Finally, the paper concludes with key recommenda- tions such as the necessity to include explicit provisions on the principle of coopera- tion, and the need to specify that the obligation of cooperation in the case of the lessor is not limited to providing basic amenities.