السكوت في القانون المدني

Abstract EN

The research is about the Silence in civil law first of all we should talk about the meaning of silence and it define as a person refrains from speaking or speaking, meaning that he knows about something and chooses not to express his will.

And also has another meaning, which is not to speak with the ability to do so.

Moreover in this search we should talk about The meaning of silence in the law it came as a negative position from which nothing can be understood at all, also the circumstances surrounding Act on the silence the act itself that make it incline as an expression of a desire, then we will then be silence a statement of a will, and it is worth noting if Previous dealings were frequent among the contracting parties, and each time the other was silent about the second and implemented the corresponding obligations.

This is an example that silence is a statement and not a negative position.

Also we must exposure the meaning in Islam beside some of schools of thought The religious jurists considered that silence cannot be attributed to any saying and that silence cannot be attributed to it, however the schools of thought, which are considered under Islamic law, but some of them differed slightly from the other.

The Hanafi school of thought: It expanded greatly in cases of silence and was included in nearly fifty cases and considered that those cases in which silence promised an expression of will and acceptance of the answer presented.

As for the Maliki doctrine: it did not expand as the Hanafi doctrine, but was accurate in that and made each case separately and not measured According to any of them, beside that the Shafi'i and hanbli.

When we move to the research body we should focus on the Silence in the Qatari civil law especially Article 73 that talk about 1- It is not attributed to a saying silent, but silence in the event of a need for a statement is considered acceptable.

2-Silence is considered an acceptance in particular, ......................).Then in the research we move to talk about when the Silence seen as approving: -There is a deal that occurred between two contractors in the past.

-And that the contractual relationship between them is the nature of which urges that silence is a customary norm based on acceptance between them -Pure benefit.

Further more we should concentrate about the difference between silence and implicit expression and the most important is the silence in other legislation.Also the previous point review the role of silence in expressing the will requirement and the role of silence in gaining or dropping the right.