The promise of mortgagein the Jordanian civil law
Keywords:
General conditions of contracting, registration of a promise by mortgage, reversal of the promise, possession mortgage, insurance mortgage, real estate property law.Abstract
The researcher dealt with the subject of the promise of mortgage, and the most important conditions that must be met in order for us to be in front of a promise of mortgage that fulfill all the legal conditions in the first requirement of the research were discussed,then to talk about the most important implications of the promise of mortgage in the second requirement of this research. The problem of the research lies in clarifying the adequacy of the legal texts regulating the provisions of the mortgage, so that the legislator did not deal with the issue of the promise of the mortgage within these rules, and on the other hand, the statement of the extent to which the general rules related to the promise to contract on the promise of mortgage can be dropped. The researcher followed the descriptive analytical approach to answer the problem posed in the research by describing the problem under study and analyzing the legal texts regulating the subject using jurisprudence opinions and jurisprudence of the courts.
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References
Youssef Muhammad QasimObeidat, Sources of Obligation, third edition, Dar Al-Masira, Amman, 2016.
Youssef Obeidat, Rights in Kind, Modern Book World for Publishing and Distribution, Irbid, second edition, 2020.
Abdul Qader Al-Far, Sources of Obligation, Eighth Edition, House of Culture for Publishing and Distribution, Amman, 2016.
Adnan Al-Sarhan, Explanation of Civil Law Sources of Personal Rights / Obligations, Fifth Edition, House of Culture for Publishing and Distribution, Amman, 2012.
Suleiman Marks, Explanation of the Civil Law / Contracts Named - Sale
Contract-, Volume 3, Edition 1, Al-Nahda Press, Cairo, 1968.
Yassin Al-Jubouri, Al-Wajeez in Explanation of the Jordanian Civil Law, I 1, Part 3, House of Culture for Publishing and Distribution, Amman, 2016.
Dr. TawfiqFarag, The General Theory of Obligation, Theory of Contract, Alexandria, The Modern Egyptian Office, 1969.
Munther Al-Fadl, The General Theory of Obligations, Sources of Commitment, House of Culture for Publishing and Distribution, Amman, 1996.
University Theses and Published Researches:
Ahmed Al-Shehayeb, “Promise to sell the property in light of Jordanian and Iraqi law,” Master’s thesis, Middle East University, Jordan, 2017.
WedadLahmoud, Legal Frameworks for Mortgaging Others’ Property: A Comparative Study in Civil Law and Islamic Jurisprudence, Journal of Arts, Literature, Humanities and Sociology, Emirates College for Educational Sciences, Issue 52, 2020.
Alaa Al-Bakri, Bank Mortgages and Credit Risks in Palestine, Master Thesis, Birzeit University, Palestine, 2006.
AlaaAbabneh, The Privacy of the Offer and Acceptance in Electronic Contracts, The Jordanian Journal of Law and Political Science, Volume 1, Issue 1, 2009.
Legislation:
Jordanian Civil Law No. 43 of 1976.
Real Estate Ownership Law No. 13 of 2019.
Footnotes:
- Article (167) of the Jordanian Civil Law No. (43) of 1976 states: “A valid contract is a legitimate contract with its origin and description in that it is issued by its people, added to a place subject to its judgment, has an existing, valid and legitimate purpose, and its descriptions are correct and not accompanied by a spoiling condition. for him " .
- Youssef Muhammad QasimObeidat, Sources of Compliance in the Jordanian Civil Law, third edition, Dar Al Masirah, Amman, 2016, p. 143.
- Dr. TawfiqFarag, The General Theory of Obligation, Theory of Contract, Alexandria, The Modern Egyptian Office, 1969, p. 64.
- AlaaAbabneh, The Privacy of the Offer and Acceptance in Electronic Contracting, The Jordanian Journal of Law and Political Science, Volume 1, Issue 1, 2009, p. 19.
- Munther Al-Fadl, The General Theory of Obligations, Sources of Commitment, House of Culture for Publishing and Distribution, Amman, 1996, p. 127.
- Abdul Qader Al-Far, Sources of Obligation, Eighth Edition, House of Culture, Amman, 2016, p. 143.
- Youssef Obeidat, Rights in Kind, Modern Book World for Publishing and Distribution, Irbid, second edition, 2020, pp. 271-272.
- Youssef Obeidat, Rights in Kind, previous reference, p. 272.
- Alaa Al-Bakri, Bank Mortgages and Credit Risks in Palestine, Master Thesis, Birzeit University, Palestine, 2005, p. 11.
- Youssef Obeidat, Rights in Kind, previous reference, p. 272.
- WedadLahmoud, Legal Frameworks for Mortgaging Others’ Property: A Comparative Study in Civil Law and Islamic Jurisprudence, Journal of Arts, Literature, Humanities and Sociology, Emirates College for Educational Sciences, Issue 52, 2020, p. 106.
- Abdel Qader Al-Far, Sources of Obligation, 8th Edition, House of Culture, 2016, p. 94 and p. 95.
- Real Estate Ownership Law No. 13 of 2019 AD.
- Ahmed Al-Shehayeb, “I promise to sell the property in light of Jordanian and Iraqi law,” Master’s thesis, Middle East University, Jordan, 2017, p. 35.
- Yassin Al-Jubouri, Al-Wajeez in Explanation of the Jordanian Civil Law, Edition 1, Part 3, Dar Al-Thaqafa for Publishing and Distribution, Amman, 2016, p. 155.
- Yousef Obeidat, Sources of Compliance in the Jordanian Civil Law, previous reference, p. 138.
- Abd al-Qadir al-Far, Sources of Obligation, previous reference, p. 139. 18 - Real Estate Ownership Law 13 of 2019 AD.
- Adnan Al-Sarhan, Explanation of Civil Law Sources of Personal Rights / Obligations, 5th Edition, House of Culture for Publishing and Distribution, 2012, p. 101.
- Ahmad Al-Shuhayb, “I promise to sell the property in light of Jordanian and Iraqi law,” op. cit., p. 65.
- Suleiman Marks, Explanation of the Civil Law / Contracts Named - Contract of Sale-, Volume 3, Edition 1, Al-Nahda Press, Cairo, 1968, p. 105.
- Yousef Obeidat, Sources of Obligation in the Jordanian Civil Law, previous reference, p. 81.
- Abdel Qader Al-Far, Sources of Obligation, previous reference, pg. 57. 24 - Article 106 of the Jordanian Civil Code No. 43 of 1976.
- Yousef Obeidat, Sources of Obligation in the Jordanian Civil Law, previous reference, p. 82.
- Ahmed Al-Shuhaib, “Promise to sell the property in light of Jordanian and Iraqi law,” op. cit., p. 79.
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