Kurdish Studies

ISSN: 2051-4883 | e-ISSN: 2051-4891
Email: editor@kurdishstudies.net

Anticipatory Breach of the Contract in the Jordanian Civil Law: A Comparative Study

Naser Ali Aletawi Aljdo'u
Phd in private law/ civil law, Lawyer, Jordan,
Abdel-Kareem Ottallh Al- Karabsheh
Faculty of Law, Al-Balqa' Applied University, Jordan, Associate Professor in Special Law,
Keywords: Anticipatory Breach, Jordanian Civil Law, English Civil Law, The Vienna Convention..

Abstract

This letter mainly aims at rooting the theory of Anticipatory breach of contract in Jordanian civil law, to reach the positions of harmony or not in this regard, in the spot of English civil law promulgated in 1853 AD. It is considered the creator of the roots of that theory, then Vienna Convention for the international sales contract agreement of the goods for the year 1980. The Unidroit principles of the international Commercial contracts amended for the year 2010 AD The researchers concluded that the Jordanian civil law does not have a special organization for the principle of premature breach of the contract as an unnatural means to terminate of the contractual gap between both parties concerning general rule of the rules that govern the contract.  In addition, it is possible to apply some other legal resources to exclude the legislatorial application of the provisions of both contracted parties. However, this does not mean that Jordanian Citizens do not consider this theory implicitly in the texts of the Jordanian civil law In conclusion, the researchers recommended that the Jordanian legislator to adopt the theory of Anticipatory or prior breach of the contact, like some of the legislation that adopted by adding regulated texts and provisions in the Jordanian civil laws as founded and adopted the standard documents for international sale in some laws because of the importance of this theory therefore, it can’t be ignored. In addition, there are several justifications imposed as one of the reasons for termination of the contractual bond before its time.

SCImago Journal & Country Rank

Keywords

Kurdish StudiesKurdsmigrationTurkeyKurdishKurdistangenderSyriaimmigrationIraqIraqi KurdistanrefugeesmediadiasporaMigrationfamilyAlevismRojavaYezidisautonomyUnited StatesKurdish studiestransnational migrationIranstereotypesminoritiesAlevisactivismEuropesovereigntyareal linguisticsPKKIndiaBalkans