Comparative Analysis of Mobile Phone Services Subscription Contract in Jordanian Legal Context

Abstract

Abstract:

This research explores the legal nature of mobile phone service subscription contracts. It stemmed from a legal dispute regarding their adjustment due to the legislator's absence of a clear legal framework. Appropriate legal studies have not addressed this issue despite the many problems arising from its modernity and because the beneficiary is the weak party in the contract.

This study seeks to demonstrate the compatibility of mobile phone services subscription contracts with various contract types like sales, contracting, supply, and lease contracts. It aims to examine the possibility of aligning these contracts through legislative and jurisprudential opinions. The goal is to offer a precise legal description that aligns with these contracts, or their underlying principles discussed in legislation, jurisprudence, and scholarly work. The study examines arguments supporting and opposing the contract's similarity to these named contracts, leading to an analytical position. It scrutinizes legal texts within Jordanian, Egyptian, and French legislations using descriptive, analytical, and comparative methods to assess their compatibility or divergence. The study intends to yield results and recommendations showcasing the feasibility and utility of providing an accurate legal framework for ensuring legal stability and economic regulation in mobile phone services.

The researcher argues that integrating the mobile phone services subscription contract into the lease contract provides a fitting legal description, given that its provisions are derived from practical realities and align closely with those of the lease contract, particularly concerning service benefits.