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2 results

  • 12 - Contracts and Third Parties

  • Ilias Bantekas, Hamad bin Khalifa University (Qatar Foundation), Ahmed Al-Ahmed, Qatar Petroleum
  • Book:
    Contract Law of Qatar
    Published online:
    15 June 2023
    Print publication:
    29 June 2023, pp 193-203
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  • Summary

    This chapter will examine three distinct issues. The first concerns agreements whereby the creditor or debtor to an existing contract is substituted by a new (third) party. Two types of substitution are envisaged, namely: assignment of rights (assignment) and assignment of debt (novation). The second focus of the chapter is on the effects of contracts on bona fide third parties and how the law mitigates any adverse impact. The third is an innovation of the Qatari CC, examining agreements the sole object of which is to attract third parties. This chapter will not deal with the rights of successors (heirs) to a contract following the death of the contracting party

  • NOVATION AND ADVANCE CONSENT

  • Kwan Ho Lau
  • Journal:
    The Cambridge Law Journal / Volume 81 / Issue 3 / November 2022
    Published online by Cambridge University Press:
    12 September 2022, pp. 581-609
    Print publication:
    November 2022
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  • Professor Goode once observed that “Novation need not be left to ad hoc agreement; it is open to the parties to provide for it in advance and in particular to establish a contractual mechanism by which novation takes place automatically on the occurrence of a designated act or event”. This deceptively straightforward proposition is examined in the present article. It explores the legal footing for, and the risks in adopting a pristine version of, the proposition, and considers possible safeguards that may be incorporated within the process of scrutiny, if in any case there arises concern over the effectiveness of a novation that is undertaken pursuant to consent given in advance.