Dirasat: Sh ari’a and Law Sciences

From 2005 to 2019

ISSN 1026-3748

Ratification of Suspended Contract in Jordanian Civil Law


Abstract | الملخص

The suspended contract is a contract degree in the Jordanian Civil Law. Its rules have been derived from the Al Hanafi Fiqh. It is only known by the Arab civil laws affected by the Islamic Jurisprudence. In this study, we have only dealt with the ratification of the suspended contract. We have shown the proprietor of the right to the ratification. We have seen the contradiction and conflict between the texts about who is entitled to ratify the suspended contract, the terms of ratification and the defects that taint the rules of these terms. With regard to the means of expression of ratification, we have found out that the means provided for in Article 175 of the Civil Law are limited, and that the discretion of the Jordanian Court of Cassation had exceeded these means and expanded in the means of expression of the ratification. We see that the text of Article 93 of the Jordanian Civil Law, which is included in the general rules, is enough to indicate the means of expression that are not excluded from being a means of expression of will.

Authors | المؤلفون

Ahmad Oweidi , Khaled AlSamama , Nawfan AlAlAjarmeh

Keywords | الكلمات الدالة

Ratification, Suspended Contract

References | المراجع