Article 786 of the Jordanian civil code: a potential gold mine for employers and a potential minefield for contractors
International Journal of Law and Management
ISSN: 1754-243X
Article publication date: 2 December 2020
Issue publication date: 10 February 2021
Abstract
Purpose
This paper aims to highlight how the prevention principle may affect the rights and responsibilities of contractors under Jordanian law. In many instances, the application of legal theories and terminology of the Jordanian civil code (JCC), such as penalty clauses and produces a similar result to that under common law, such as prevention principle, and even if in some cases the route by which the result is reached differs.
Design/methodology/approach
This paper is based upon library research on primary and secondary sources. The author adopted the interpretive paradigm with its underlying subjectivist assumption. This paradigm creates different meanings and therefore different realities. This is particularly evident when studying legal notions, such as parties’ autonomy and decennial liability, from a comparative law perspective.
Findings
In many instances, the application of legal theories and terminology of the JCC, such as penalty clauses and produces a similar result to that under common law, such as the prevention principle, and even if in some cases the route by which the result is reached differs. However, it is difficult for judges and lawyers in Jordan to understand the legal principles of certain terms in the common law. This requires, to a certain extent, an understanding of the legal terms and concepts, particularly those originated from English law. For example, a thorough grasp of the prevention principle in Jordanian law remains unclear. Apparently, this can be met by training and capacity building sessions.
Originality/value
As far as the author is aware, this issue has not been researched comprehensively before from technical and legal standpoints. This paper represents the first attempt to examine the issues arising in this difficult and important subject.
Keywords
Citation
Haloush, H.A., Alhusban, A.A.A. and Massadeh, A.A.M. (2021), "Article 786 of the Jordanian civil code: a potential gold mine for employers and a potential minefield for contractors", International Journal of Law and Management, Vol. 63 No. 2, pp. 263-274. https://doi.org/10.1108/IJLMA-07-2020-0199
Publisher
:Emerald Publishing Limited
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