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AuthorDawwas, Amin
Available date2024-04-29T05:19:02Z
Publication Date2024
Publication NameManchester Journal of Transnational Islamic Law & Practice
ISSN2633-6626
URIhttps://www.electronicpublications.org/stuff/1045
URIhttp://hdl.handle.net/10576/54367
AbstractStandard terms are widely used in making contracts at national and international levels. The Qatari Civil Code (QCC) does not govern such terms directly. Instead, it associates them with adhesion contracts, which also govern model contracts. In contrast, the UNIDROIT Principles of International Commercial Contracts (UPICC) and the Principles of European Contract Law (PECL) expressly recognise contracting under standard terms. This article first examines the concept of an adhesion contract under QCC in lights of the historical origin of this contract as well as its jurisprudential and judicial interpretation in light of its use in other jurisdictions, including France, Saudi Arabia and Egypt. It then analyses the concept and requirements of standard terms under QCC and the aforementioned international instruments. Based on the comparative analysis of the rules of standard terms under all these instruments, this article recommends that the Qatari legislature should discard standard terms from adhesion contracts.
Languageen
PublisherElectronicpublications.org Ltd
Subjectadhesion contracts
model contracts
standard terms contracts
Qatari law
UNIDROIT Principles
PECL
TitleConceptualisation of Standard Terms under Qatari Contract Law in Lights of International Trends
TypeArticle
Pagination69-91
Issue Number1
Volume Number20
dc.accessType Full Text


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