SOMALI CIVIL CODE

TODAY’S  LESSON  27/03/2017

Discuss the following problem by applying the principle of law on the exception to consideration.

a.Mr.Ajay was a successful  business man .One day he promises his eldest son ,Suresdh,that he wishes to transfer one of his bungalows to Suresh ,to show how much he loved him.  Mr. Ajay made his promise in writing and registered it .A few years later when Suresh married Salwath ,Suresh requested Mr. Ajay the possession of the bungalow for him to start his  matrimonial life .However Mr. Ajay was reluctant to accept Salwath as his daughter-in –law and refused to give Suresh the bungalow . Advice Suresh .

  SOMALI CIVIL CODE             

The Somali civil code provides that  there certain condition that may cause the debtor becomes unable to fulfill his  contractual obligation  towards the other party due to circumstances that are opposite to his will ( forze majore ).These natural forces could, be : Lack of power, illness ,distruction of the  goods,lost of the property,natural hazards or bankruptcy etc.

Check article 370.

The claim will be expired if the debtor justifies that the  performance of the obligation became impossible due to a reason outside his will.

Article 371: expresses that in principle ,the claims  expire in 5 years as a time limit  exception in the   cases where another rule provides differently and in the following situations .

Article 372:(1)The expiry  time is five years (5)every right that is periodically renewable for  their payment ,even if the debtor accepts it such as rents of : Houses,farms ,interest rates and payments in instalments,salaries and pensions. (2) However,it expires in 15 years the benefits acquired for the keeping goods and other claims deserved for managing the charity properties distribution to those eligible for them.

Article 373: The following rights or claims are terminated in three years (3)if they are not raised for such as rights of the medical doctors ,farmacists holders ,lawyers ,engineers ,specialists ,teachers,brokers,agents for the incompetent persons  and the business guards . But on the conditions that these rights are obtained from their work performances   and the expences they have made mean time.

Article 374: (1) The taxes and  other claims that the government deserves  to be paid for its  public services expires in 3 years  beginning from the end of the year assigned when it is annually based.The limitation period for the  termination of the income payments from the judge decisions  begins from the date  the court session is opened  to which these declarations  are connected to.when there is no court seating  ,it begins from the date the declaration  were made. (2) Likewise the termination time for  the request  for  the recovery of the  taxes or other  rights that are given  away unlawfully to the government .The termination time starts from the day it was provided. (3) The articles  above mensioned are applicable only if there is no other special rule that provides different contents.  

Article 375: The following claims expire in three years:

(1)         The rights of the businessman  and the technicians they found from the goods they have given to the consumers ,the accommodations claims by th e hotel owners,restaurents  claims .(2) The wages  of the laborers and the sevants obtained from the work they done on daily or weekly basis.(casual  workers ).

(2)    The person who is proclaiming (debtor) that the debt  has expired in one year ,they must swear that they have paid the debt honestly ,and the judge should impose the declaration on swearing in his office .If the debtor has died ,the declaration of swearing will be directed his hereditary ,if they are not majure enough ,the declaration of swearing will done by the people who found the will of the dead person.

Article 376.(1) The expiration of the rights mensioned in the articles 373 and 375 starts from the day they have performed their duties even if they are still occupied in other tasks .

(3)     When any of those rights mensioned above were written down ,that right will not terminate before 15 years .