الأبعاد القانونية للوعد ببيع البناء على الخريطة في القانون الأردني

Ibrahim Mudhe Abu hilaleh; Abdallah Imhammad Khalaf  Al Tarawneh

doi:10.35516/law.v51i2.4373

Authors

Ibrahim Mudhe Abu hilaleh Department of Private Law, School of Law, Al-Hussein Bin Talal University, Jordan https://orcid.org/0000-0002-2501-2417
Abdallah Imhammad Khalaf Al Tarawneh Department of Private Law, School of Law, The University of Jordan, Amman, Jordan https://orcid.org/0000-0002-9609-3541

DOI:

https://doi.org/10.35516/law.v51i2.4373

Keywords:

Seller, Buyer, Promise Contract, Map, Real Estate

Abstract

Objectives: The study aims to clarify the legal concept of the promise contract to sell the off-plan building in light of the real estate property law. Also, to identify the key safeguards that protect the rights of the buyer if the seller fails to implement their obligations.

Methods: The study employs a descriptive-analytical approach, involving the examination and analysis of the legal provisions pertaining to off-plan building sales within Jordanian legislation. It assesses the adequacy of these provisions in addressing the challenges associated with this type of contract.

Results: The study concludes that the current real estate property law in Jordan lacks comprehensive provisions for addressing promise contracts related to off-plan building sales. This gap particularly concerns the absence of effective measures to safeguard the rights of buyers in case of seller non-compliance or insolvency.

Conclusion: The study recommends amending Jordanian real estate property law to facilitate the transfer of land rights and building ownership from the seller to the buyer as construction progresses. This should be contingent upon the buyer's fulfillment of their obligations, along with provisions for effective implementation and financial security, potentially through a bank guarantee or a legally defined mechanism for seizing a portion of the construction value.

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References

Al Far, A. (2016). The Sources of Commitment, Dar Al Thaqafa for Publishing and Distribution, Amman.

Al-Far, A. (2022). The provisions of commitment, 3rd Edition, Dar Al-Thaqafa for Publishing and Distribution, Amman.

Algerian Law No. 11_04 of Rabi` al-Awwal 14, 1432 corresponding to February 17, 2011 regulating the real estate promotion activity.

Al-Janahi, W. (2019). Responsibility for the Decimal Guarantee in Sales on Maps According to Bahraini Legislation. Journal of the Kuwait International Law School, (3)7, 108-138.

Al-Obaidi, A. (2017). Haunted Contracts, Sale and Rent, Eleventh Edition, Dar Al-Thaqafa for Publishing and Distribution, Amman.

Alqahtany, A. Alshihri, F. Alshammari, M. Alqahtany, H. Alzenifeer, B. Almusallam, A. Al-Gehlani, A. Bouregh, A, Naief A. Aldossary, N. Alyami, S. (2023). Consensus-Based Measures for Improvement of Off-Plan Sales Program of Housing Units in Real Estate Market of Riyadh City, 208 MDPI Journals Awarded Impact Factor, Buildings, 13(4), 1-21.

Al-Sarhan, A. (2012). Civil Law Explanation of Named Contracts, Fifth Edition, Dar Al-Thaqafa for Publishing and Distribution, Amman.

Al-Zuhaili, W. (2012). Encyclopedia of Islamic Jurisprudence and Contemporary Issues, Part 4, Dar Al-Fikr, Damascus.

Belhaj, A. (2010). The Legal Framework for the Stage Prior to the Conclusion of the Contract in the Light of the Algerian Civil Code. Wael Publishing House, Amman.

Bin Khadra, Z. (2019). The Promise to Sell Real Estate as a Preliminary Contract for Gaining Real Estate Ownership. Journal of Legal and Political Research and Studies, 8(1), 205-223.

Boulahiya, S. (2017). Contracts for the sale of real estate properties according to Law 04.11, Sharia and Economics Journal, 12, 223-253.

Consumer Protection Law No. (7) of (2017) published on page (2725) of Official Gazette No. (5455).

Decision of the Jordanian Court of Cassation in its human rights capacity No. 2854/2020. Date 9/29/2020, your decision Publications

Decision of the Jordanian Court of Cassation in its human rights capacity No. 8201/2019. Date 3/12/2020, Your decision Publications

Decision of the Jordanian Court of Cassation in its human rights capacity No. 966/2022. Date 6/30/2022, Your decision Publications

Decision of the Jordanian Court of Cassation in its human rights capacity No. 6633/2022. Date 9/3/2023 Your decision Publications

Decision of the Jordanian Court of Cassation in its human rights capacity No. 6635/2022. Date 3/29/2023 Your decision Publications

Decision of the Jordanian Court of Cassation in its human rights capacity No. 1469/2021. Date 5/18/2021 Your decision Publications

Decision of the Jordanian Court of Cassation in its human rights capacity No. 6898/2022. Date 4/25/2023 Your decision Publications

Faghur, R. (2019). The position of Islamic jurisprudence on the real estate sale contract on designs in Algerian legislation. Journal of Scientific Research and Islamic Studies, 11(5), 163-2014.

Farid, N. (2020). Considerations on the Contractual Liability of the Real Estate Developer. Journal of Al-Azhar University (Tanta), Faculty of Sharia and Law, 35(1), 501-619.

Hashemi, F. (2019). Financial guarantees in the field of public transactions. Journal of Legal and Political Jurisprudence, 1(1), 159-180.

Hawari, L. and Mahmoudi Fatima Al-Zahraa. (2010), Sales Contract Based on Designs. Law Journal, 8(2), 211-219.

Heijden, J. (2023). Construction 4.0 in a narrow and broad sense: A systematic and comprehensive literature review. Building and Environment, 244, 1-12.

Implementation Law No. (25) of 2007 and its amendments by Law No. (3) of 2019.

Jadalhaq, I. (2017). Fundamentals of the Real Estate Legislative System and Its Impact on Sustainable Development: Dubai Case Study. Arab Law Quarterly, 31(4), 388-410.

Jordanian Civil Law No. (43) of 1976, published in the Official Gazette, page (2), No. (2645), dated 8/1/1976,

Jordanian Floors and Apartment Ownership Law No. (25) of 1968, published in Issue 2089 of the Official Gazette issued on 4/16/1968.

Judy, M. (2019). Obligations of the Real Estate Promoter in a Sale Contract on Designs, Thesis for a Master's Degree, Faculty of Law and Political Science, Mohamed Kheidar University, Algeria.

Law No. 13 of 2008 regarding the organization of the real estate registry in the Emirate of Dubai.

Omar, S. (2014). Guarantees for the Sale of Buildings Under Construction, 1st Edition, Wael Publishing House, Amman.

Real Estate Property Law (13) for the year 2019 published in the Official Gazette in Issue (5573) dated 5/16/2019, p. (2792).

Sultan, A. (2002). Sources of Commitment, Dar Al Thaqafa for Publishing and Distribution, Amman.

Tasbih, A. (2019). Legal Mechanisms to Protect the Buyer in the Sale Contract on Designs. A doctoral dissertation in Law, Faculty of Law, Adrar University, Algeria.

Ter Haar, B., Kruger, J., van Zijl, G. (2023). Off-site construction with 3D concrete printing. Automation in Construction, 152, 1-17.