سلطة المحكمة عند ثبوت دعوى بطلان التصرفات العقارية المسجلة: دراسة تحليلية وفقاً لأحكام المادة (13) من قانون الملكية العقارية الأردني وتعديلاته رقم (13) لسنة 2019

Abed Aljawad Daoud  Alnatsheh; Balqees Talal Abu sulieh

doi:10.35516/law.v52i3.8802

Authors

Abed Aljawad Daoud Alnatsheh Department of Private Law, Sheikh Nuh Al-Qudah College of Sharia and Law Faculty, The World Islamic Sciences and Education University, Jordan https://orcid.org/0009-0005-1946-4352
Balqees Talal Abu sulieh Department of Private Law, Sheikh Nuh Al-Qudah College of Sharia and Law, The World Islamic Sciences and Education University, Jordan https://orcid.org/0009-0008-1731-5873

DOI:

https://doi.org/10.35516/law.v52i3.8802

Keywords:

Real estate ownership, stability of ownership, invalidity of transaction or registration, succession of ownerships, possibility of restoration to the original state

Abstract

Objectives: To explore the options available to the trial court regarding invalid real estate transactions as stipulated in Article (13) of the Real Estate Ownership Law.

Methods: A descriptive and analytical approach was followed by presenting and analyzing the text of Article (13) of the Real Estate Ownership Law, as well as some related provisions of the Jordanian Civil Code. The study also examined and analyzed some judicial decisions of the Jordanian Court of Cassation to determine their consistency.

Results: The legislator aimed to maintain the stability of transactions and property ownership by introducing solutions that consider the negative effects of invalidating real estate transactions, while also balancing the rights of the involved parties.

Conclusion: The Jordanian legislator deviated from the general rules stipulated in the Civil Code regarding invalidity and prescription by granting the court powers to either declare the transaction invalid or award compensation based on the case presented, within specific constraints.

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