Sale of Movable Property by Catalogue and Designs and Distinguishing it from Sale by Sample: A study in light of the Majallat al-Ahkam al-Adliyya and Jordanian Civil Code

Abstract

This study aims to demonstrate the essence of sale by catalog and various traditional and electronic designs, the differences amongst these means, the rights granted to the buyer if the sale is proven not to conform to the catalog and sample offered, and the appropriate legal foundation for exercising these rights in light of the Jordanian Civil Law and Majallat al-Ahkam al-Adliya.

The study adopts the descriptive, analytical, and comparative approach by presenting the relevant legal texts and analyzing them in light of the opinions of jurisprudence, the intention of the legislator, and judicial rulings.

The study concludes that the provisions of sale by sample apply to fungibles. In contrast, the catalogue and designs are suitable for expressing the subjectivity of the non-fungibles and their distinguishing characteristics from others. Therefore, the application of the rules of sale by sample must be limited to its objective scope without extending it to non-fungibles that remain subject to the general rules in contract theory and the special rules related to the designation of the subject matter of sales and its knowledge by the buyer.

The study recommends that the Jordanian legislator amends the provisions of articles (467, 469) of the Civil Code, by changing the term fraud “Tadlīs” in former article to deception “Taghrīr” and by deleting the reference to the non-fungibles’ sale in the latter article, since it is more appropriate to subject the conditions of its designation to the general rules on the subject matter of the contract, and the special rules regulating the condition of the buyer’s knowledge of the sold item.