Jordanian Journal of Law and Political Science

The Civil Liability for Company Liquidators under the Jordanian Civil Law

Ahmed Alhawamdeh, Alaa Alfawaer — Mon, 26 Jun 2023 00:00:00 +0200

This study aims to clarify the case scenarios in which the liquidators have civil liability, whether based on a contractual or tort basis. It indicated legal gaps and flaws in liquidators’ civil liability under Jordanian Law. It provides recommendations to the legislator for bridging the gaps and remedying the flaws in the liquidator civil legal liability area to provide reasonable protection for the company, shareholders, creditors, and other stakeholders.

EFFECTS OF REQUIREMENT TO RETAIN OWNERSHIP TOWARDS THIRD PARTIES IN ACCORDANCE WITH LAW NO. 20 OF 2018 ON SECURING RIGHTS TO MOVABLE FUNDS: Comparative Study

Jihad Al-Jarrah — Mon, 26 Jun 2023 00:00:00 +0200

The sold product remains in the hands of the buyer under the condition that the seller retains ownership of the thing sold may cause a third party to deal with the debtor with this movable property without knowing that the seller retains ownership of the item sold. Therefore, the legislator found a way to remove this ambiguity, alert the third party, and protect them with this condition.

This is done by entering the condition in the register prepared for that (discloser) within the Jordanian legislative system. As a matter of principle, the Jordanian legislator considered the registration of legal behaviors as a pillar of these actions when the law requires it and its violation results in nullity. However, the Jordanian legislator deviated from this principle, took the idea of enforceability of the legal disposal, and divided it into internal enforcement between the parties to the removal and external enforcement towards third parties. It made the registration a means of enforcement towards others only.

Despite the approval of the validity of the guarantee right against third parties, the Jordanian legislator needed to indicate what is meant by third parties specifically. Also, the legislator did not indicate the authoritative extent of the registration towards others, as other legislations did. In addition, the buyer was not allowed to dispose of the sold item in a way that balances the interest of the seller, the buyer, and the interest of other.

The study addresses the previous problems to find solutions. The study does not recommend restricting the buyer's freedom and that the sold thing be transferred to a third party loaded with the condition of retaining ownership.

The research also recommends explicitly stipulating the seller's right to recover the sold item in the event of the buyer's failure to implement his obligation to pay the full price, in addition to immunizing the seller under the condition before the creditors of the insolvency procedures.

The Jordanian legislator's position on signing contracts remotely.

Mustafa Alajarmeh, Yasein Alqudah Yasein Alqudah — Mon, 26 Jun 2023 00:00:00 +0200

This research aims to clarify the position of the Jordanian legislator on the issue of the conclusion of the contract remotely, whether in the general provisions contained in the Civil Code or the provisions contained in the Electronic Transactions Law which imposed practical problems, especially the case of the contract being concluded partly through electronic means and the other part by traditional means.

The research concludes that the Jordanian legislator did not address the issue of determining the place of the contract concluded partially by electronic means in the current Electronic Transactions Law, contrary to their position on the now-canceled Electronic Transactions Law, which considered it an electronic contract in an explicit text. To address this shortcoming, the researchers recommend explicitly stipulating that such action is regarded as an electronic contract subject to the provisions of the Electronic Transactions Law by adding the phrase "entirely or partially" to the text of Article (3/a) of the current Electronic Transactions Law.

Checks Issued by Insolvent Debtor in Suspicion Period Between Exchange Provisions and Insolvency Law

Ibrahim Obeidat, Mohammad Al-Shammari — Mon, 26 Jun 2023 00:00:00 +0200

Article 245 of the Trade Law stipulates that "a check shall be payable upon viewing it, and any statement to the contrary shall be considered as if it did not exist." In relation, Article 33/A of the Jordanian Insolvency Law states that "the actions entered into by the debtor during the year preceding the date of declaration of insolvency shall be invalid" if it causes damage to the insolvency or grants unjustified preferential treatment to any of the debtor's creditors. Therefore, the insolvency agent can claim that it is not executed.

Through the two articles mentioned above, the problem of the current study emerges, which is the extent of compatibility between these two articles and the impact of this on the issuance of the check from the insolvent debtor, its circulation, and the exchange relations arising from it during that period.

The study is divided into two parts to address the mentioned problem. The first part deals with the exchange provisions governing the consideration for honoring the check. The second part examines the implications of the rule of non-enforcement of the insolvent debtor's actions on the check during the period preceding the declaration of insolvency (suspicion period).

The study adopts the analytical approach to the provisions of the Jordanian Trade Law and the Jordanian Insolvency Law. The results conclude that as soon as the insolvent debtor issues the check, the consideration for fulfillment comes from their financial liability and enters the financial liability of the beneficiary or the bearer. Subsequently, this leads to the differentiation of legal provisions in stating that checks are included in the rules of non-enforcement of disposals, except where the provisions of the period preceding the date of declaration of insolvency period apply.

Civil Lawsuits' Privacy Related to Customs Disputes at the Customs Court

Oday Al-Aro, Iyad Al-Hadidi — Mon, 26 Jun 2023 00:00:00 +0200

Taxes, fines, and customs duties constitute the first resource for the state's treasury and contribute to raising its budget, which highlights the custom administration's influential role, given that any evasion of paying taxes, fines, and fees constitutes a drain on the state's financial resources, which requires the state to confront and fight it, and this is only achieved through strict customs control in light of clear legal provisions. The means to fulfill or protect rights is the lawsuit, as it is the way to be followed to obtain or defend the right and the means to achieve the protection decided by law for the right. As we know, customs crime, in general, generates two basic lawsuits: a public lawsuit initiated by the Customs Public Prosecution and a civil lawsuit initiated by the Customs Administration and represented in litigation at the Customs Courts by the Customs Public Prosecution. Hence, the specificity of the civil case is evident in its customs aspect since the legislator established a rule in which he considered that the customs fines and confiscations provided for in the customs law are civil compensation for the department and are not covered by the provisions of general amnesty laws, which this research highlights

Describing the Civil Judgments Based on the Presence and Absence of the Parties Under the Jordanian Law

Awad Al Zou'bi — Mon, 26 Jun 2023 00:00:00 +0200

The judicial system has kept up with developments to achieve justice. That includes acknowledging the idea of presence and absence. Based on such an acknowledgment, the methods used to address the absence problem before the civil judiciary has developed. The latter development is based on a basic idea. This idea is represented in the fact that whenever the lawsuit is filed, the court must settle it, even if the parties refrain from attending the trial sessions. The present study sheds light on one aspect of addressing this problematic issue. This aspect is represented in (describing the civil judgments based on the presence and absence of the parties under Jordanian law).

The meaning of (presence) under Jordanian law is based on one standard. This standard is represented in the presence of the opponent or an agent representing him. If the opponent or his agent refrained from attending a trial session, the opponent shall be deemed absent. The issues related to presence and absence have implications on the description of the judgment and the legal impacts of such a description. Therefore, the present study aims to shed light on the legal controls regulating this description and the legal implications of such a description.

This research yields several results. First, it adds that the description of the judgment shall be called "be Mathabet Al Wajahi" if the opponent did not attend any trial sessions, provided that the opponent was notified about the date of his trial session under the procedures. Second, the study adds that this description does not fit with reality. It adds that this description should be described as "Gheyabi." Third, the description of the judgment shall be called "Wajahi E'tebari" when the opponent attends a session or some sessions of the trial with refraining from attending the other sessions. He adds that this judgment ought to be described as "Be Mathabet Al Wajahi." Fourth, the study adds that administering the opponent who was trialed in a manner that's" Wajahi E'tebari" shall be obligatory if the opponent attended the session and requested attending the sessions before having the case ready to be settled. Otherwise, the opponent's request shall be rejected pursuant to the procedures. Finally, the study adds that the judgments issued in response to an appeal on the decisions issued by the Magistrates' Court and described as "Be Mathabet Al Wajahi’’shall not apply to the judgments issued by the Court of First Instance. That applies even if the latter judgments are described as "Be Mathabet Al Wajahi." It applies though the justification for appeal is existent and deemed the same in both cases.

The study offers several recommendations. First, it recommends eliminating the judgment description called "Be Mathabet Al Wajahi" and using the description called (Gheyabi) instead of it. Second, the study recommends eliminating the "Wajahi E'tabari" judgment description and using the "Be Mathabet Al Wajahi" description instead. Third, it suggests making the judgments issued in response to an appeal application to the court's first instance's judgments due to having the same justification in both cases. Fourth, it recommends enacting a text suggesting that the cases heard by the Magistrates' Court and returned due to an appeal must be heard through pleading.

Consumer Protection from misleading electronic advertising in Jordanian Legislation

Lana alkhalileh, Amaal Abu Anzah, Tawfiq almajali — Mon, 26 Jun 2023 00:00:00 +0200

This study explains the extent of the civil protection governing consumer protection from misleading electronic advertisements within the Jordanian legislation. To this end, the study discusses the adequacy of the general principle of the Jordanian civil law No of 1976 and the Jordanian consumer protection law No.7 of 2017 in approving serious and effective legal foundations in consumer protection from misleading electronic advertising. The study concludes a set of results, the most important of which legislation related to misleading advertisements applies without regard to the media used to transmit and disseminate information, where the same provisions apply despite the difference between the consumer and the online advertiser's relationship from the traditional relationship, which requires legal protection for misleading advertisements online.

Finally, the study proposes several recommendations, perhaps the most important of which are: the Jordanian legislator's demand for the need to work on drafting special provisions for consumer protection against misleading advertising through the Internet and not be satisfied with the means of protection available in the general rules in the civil law or those included in the Consumer Protection Law, as well as the need to activate the role of the Jordanian Consumer Protection Association included in Consumer Protection Law No. (7) Of 2017.

Impact of Risk Management on Selectivity in Customs Clearance

عناد السعيدات, Talal Abumalik — Mon, 26 Jun 2023 00:00:00 +0200

This study assesses the impact of customs risk management (CRM) on activating selectivity in customs clearance operations and its role in facilitating the movement of commercial exchanges and removing obstacles that limit their flow. Additionally, the study examines CRM regulatory impact on customs clearance operations. We found that CRM facilitated the movement of internal and external trade exchanges. Concurrently, CRM increased the levels of control over customs clearance operations by directing it to high-risk commercial consignments in exchange for reducing the time and procedures for the low-risk goods, which has contributed to increasing the movement of commercial exchanges. Therefore, the study recommends expanding CRM systems use and periodically reviewing its selectivity standards.

Scope of attorney’s right for retaining client’s documents and money

Iyad Bataineh — Mon, 26 Jun 2023 00:00:00 +0200

Within the framework of the legislation regulating the attorney-client relationship, the Jordanian Bar Association recognizes the attorney's right to retain whatever documents and money they have in their possession relating to their client until the client pays the attorney's fees. The study concludes that the law has differentiated between whether a written agreement determines the attorney's fees, and in such case, the attorney is entitled to exercise the right of retention without the need to obtain any judicial permission or follow any procedure of judicial nature provided that the retained money is limited to the unpaid attorney's fees amount. In the absence of a written agreement on the attorney's fees, the provision of Article (2/50) of the Jordanian Bar Association Law is unclear as it gives the authority to the Bar Council to determine the value of attorney's fees, as the article described above stipulates as follows: "with the attorney's right to keep in his custody what he has of money and papers until the attorney's fees dispute is concluded." As such, the said provision must be amended for further clarity concerning the exercise of the attorney's right of retention in the absence of a written attorney's fees agreement by making the exercise of the right entrusted with filing a lawsuit for determining the attorney's fees. In all cases, the right of retention does not constitute a breach of trust crime as long as the retention has been exercised within the fees' limitation stipulated in the provisions of the Jordan Bar Association law.

A STUDY IN THE COMMON AND DESCRIPTIVE TRADEMARK AS A CRITERION FOR THE LACK OF DISTINGUISHING CHARACTER IN THE TRADEMARK FORMATION

Jamal Alnaimi, Adnan Alomar — Mon, 26 Jun 2023 00:00:00 +0200

his study deals with an important topic in the field of trademarks as it relates to the possibility of forming and establishing a trademark correctly, thus allowing it to be registered or not considered a nullity. The distinguishing characteristic is considered an essential condition for the validity of the brand because it stems from the essence of the trademark function, which lies in the possibility of distinguishing the products and services of competitors from each other.

he problem of the study stems from the fact that the Jordanian legislator did not set a precise regulation of the issue of the distinguishing characteristic of the trademark and was satisfied with a general criterion for the necessity of the availability of this characteristic in the brand, while the French legislator and the European directive regulated in explicit texts the requirements of the distinguishing trademark characteristics, including the description and symbol.

The study concludes with results that highlight the positives and negatives of the legislative regulation in the investigated laws, in the light of which the research makes recommendations that would maximize these positives and try to avoid the negatives.