Jurisprudential Adaptation of the Pledge on Behalf of Others and Its Effect a Comparative Jurisprudential Study

Abstract

Contracts aim to achieve a number of gains for their parties, and these effects extend directly to the contracting parties, as they are whose their will was directed to creating the contract, However, in cases such as a pledge on behalf of the  others , this contract includes an attempt to bind a third party to a contract to which he was not a party, and this violates the principle of authority and the relative effect of the contract.The research came to clarify the pledge on behalf of others, its jurisprudential adaptation, its effect, and the extent to which others are obligated to do so, the research reached a number of results, the most important of which is: that a pledge on behalf of others is a contract that has its elements like all other contracts and creates an obligation on the part of the pledger represented by compelling others to contract, and its elements are the two contracting parties, the pledger and the pledgee, and the formula  and  place, as for the other person on whose behalf the pledge is made, it is not considered a pillar. his conditions are that the pledger must contract in his own name and not in the name of others, and that its purpose be to commit the pledger personally and not to oblige others, and that the object of his obligation be to perform an act that is to get the third party to accept the pledge, and its adaptation  in Islamic jurisprudence is that it is contract that includes a commitment to work, which is valid and enforceable, its elements and conditions are met, and it has its effects that are considered by law like all other contracts, a pledge on behalf of others in Islamic jurisprudence and Jordanian civil law does not bind others, as it has a choice between acceptance or rejection, and the acceptance or rejection of others results in effects, including  in  research