The Procedural Rules Followed Before the Lease Dispute Settlement Committees and Their Compatibility with the Basic Guarantees and Principles of Litigation in Accordance with Qatari Law

Basel Al-Nawaiseh
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Abstract

Due to the increase in dealing with lease contracts in the State of Qatar, attention to these contracts and the resulting disputes has been one of the most important priorities of the Qatari lawmaker, especially with regard to the speedy resolution of these disputes, which has a significant impact on achieving justice and stability of transactions within the community. In order to prevent prolonging the litigation period in lease disputes, Law No. (4) of (2008) regarding renting real estate came and established a new phase of litigation procedures in relation to lease disputes through Article (21) thereof, which provided for the establishment of a specialized committee to look into lease disputes called Lease Dispute Settlement Committee. This committee is headed by a judge with the rank of chief from the Court of First Instance chosen by the Supreme Judicial Council. In implementation of this, Cabinet Resolution No (37) of 2008 was issued regarding the rules and procedures to be followed before the lease dispute settlement committees. This study came to clarify these rules and procedures and their role in resolving lease disputes and their reflection on the speed of litigation and their compatibility with the guarantees and basic principles of litigation in accordance with Qatari law.
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租赁争议解决委员会遵循的程序规则及其与卡塔尔法律规定的基本保证和诉讼原则的兼容性
由于卡塔尔国处理租赁合同的增加,对这些合同及其产生的纠纷的关注一直是卡塔尔立法者最重要的优先事项之一,特别是在迅速解决这些纠纷方面,这对实现社区内交易的正义和稳定具有重大影响。为防止租赁纠纷中延长诉讼期限,《中华人民共和国合同法》第2条规定:《中华人民共和国房地产租赁法》(2008)第(4)条通过第(21)条确立了与租赁纠纷有关的诉讼程序的新阶段,该条款规定设立一个专门委员会来调查租赁纠纷,称为租赁纠纷解决委员会。该委员会由一名由最高司法委员会选出的初审法院院长级别的法官领导。为此,颁布了2008年第(37)号内阁决议,规定了租赁争议解决委员会应遵循的规则和程序。这项研究是为了澄清这些规则和程序及其在解决租赁纠纷方面的作用,以及它们对诉讼速度的反映,以及它们是否符合卡塔尔法律规定的诉讼保障和基本原则。
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