حق الاختصاص في القانون المدني القطري : دراسة مقارنة

الملخص EN

In-kind rights: "In-kind insurance" means the rights that are not selfsustaining but depend on the existence and expiry of their existence, or are the rights that are given to a particular property owned by the debtor or others and which have been determined in favor of a creditor.

For the purpose of fulfilling its right of its price, preferring to other creditors.

The Qatari Civil Code enumerates these rights in the official foreclosure "Articles 1058 - 1115", the right of jurisdiction "Articles 1116-1127", the "possessory pledge" Articles 1128 - 1164 ", the" Articles 1165 - 1186The right of jurisdiction has the benefit of the debtor and the creditor: either the debtor benefits from it, the creditor may be persuaded to defer execution since it has secured a right to a debtor.

As for the creditor, he believes in the risk of actions.

The debtor shall not be in a hurry to carry out the performance as long as he is entitled to the detrimental actions of the debtor in his property and is taken by several sockets, the most important of which is that this right leads to a creditor preference On the other creditors, this preference has no fair basis, because it does not entail the will of the contractors as in the case of the contractual pledge, nor on the status of religion as in the case of concession, but on the speed of access to ruling, which prompted the legislator of some countries to exclude from the legal texts contrary to the Qatari civil law, which took this right as one of the types of rights in-kind dependency.

The researcher takes the Qatari legislator when organizing this right many observations, the most important of which are: The creditor has granted this right, provided that the creditor has an enforceable judgment on the subject of the case, which obliges the debtor to do something, provided that the intention is good, but the legislator did not specify the ruling that determines this right.

When does a creditor have good faith to grant this right to the property of a city? It is clear from the foregoing that the criticisms of this right, as well as the observations that I made on the technical wording of this right under the Qatari Civil Code, led us to shed light on this right through this research.