The Varying Nature of ‘surplus’ in Legal Systems and its Effect on the Scope and Nature of surplus Lawsuits: Analytical Study of Qatari and French Civil Law Compared to Islamic Jurisprudence
Dr. Muhammad Ammar Ghazal
Associate Professor of Civil Law – College of Law – University of Qatar
Abstract:
Negotiorum gestio (Fadalah) as a legal fact creating obligations is the first application of quasi-contract in French civil law. This division into contracts and quasi-contracts in the field of legal behavior finds its historical source in Roman law and was adopted by the French Civil Code. This division was not adopted by the Qatari civil law. As for Islamic jurisprudence, negotiorum gestio is considered one of the applications of the suspended contract (moukuf), which the Qatari legislator also did not adopt in terms of dividing, although many provisions of the suspended contract are applied to negotiorum gestio.
Therefore, the problem that this research deals with is first to know whether the nature of negotiorum gestio in the Qatari civil law is different from the nature of negotiorum gestio in French civil law.
Secondly, knowing whether negotiorum gestio defined by positive law is the same negotiorum gestio that Muslim jurists spoke about.
Thirdly and lastly, to know the impacts which result from these legal systems in their differences in determining the nature of negotiorum gestio and, in particular, the impact of that difference on the scope of negotiorum gestio and the nature of the lawsuits of negotiorum gestio.
Keywords: Involuntary sources of obligation, enrichment for no reason, stand-by action, suspended contract, quasi –contract.