Protection Guarantees for Partners and third party in the Commercial Particular Partnership Company in Qatari law

Abstract

This research addresses the issue of guarantees protecting partners and third parties in a commercial joint venture under Qatari law. It focuses on examining the extent of protection available to partners and third parties within the legal framework of the joint venture, given that it is a hidden company based on the personal considerations of the partners, lacking an independent legal personality. This type of company may be used to avoid the incorporation procedures required for other types of companies, or in the event that all the requirements for establishing these types of companies are not met, such as the formal requirements for a general partnership and other companies, in addition to the necessity of preserving the legitimacy of the economic activity practiced by this company, given its status as a hidden company.
The research is divided into two sections. The first section is devoted to examining the guarantees stipulated in accordance with the nature of the joint venture and the specifics of its legal organization. The second section is devoted to examining the guarantees stipulated in accordance with the rules for forming and the effects of a joint venture. In summary and conclusion of the research, a set of results were reached that monitored the areas of protection for partners and third parties in the joint venture company in Qatari law, especially with regard to the rights and obligations of partners stipulated in the joint venture company contract, as well as the mechanism for proving joint venture and not invoking it against third parties, and how to protect third parties in the face of joint venture partners, whether in the event of its concealment or in the event of their dealing with third parties on the basis of the existence of the company, arriving at some recommendations related to proposing legal texts that would enhance protection guarantees, especially with regard to the interests of third parties in the joint venture company, specifically by stipulating in the Companies Law additional rights that carry a mandatory nature and clear mechanisms.