The Provisions of Extension of the Lease Term on Urgent Need According to the Jordanian Civil Law

Abstract

This study approaches the case of urgent need and its impact on the lease contract concerning the term as the legislator regulated this case through article (674) of the Jordanian Civil Law. The case of the urgent need represents an exception to the rule "Pacta Sunt Servanda" as this case entitles the tenant to apply to the competent judge seeking a ruling for extending the term of the lease as the said request stands to be one of the legal licenses that allow the holder to claim the enforcement of the same, i.e. the tenant against his/it commitment to pay the corresponding rent fee for the term of extension.

This study concludes with a set of findings, which mainly include that the Jordanian legislator has neither laid down a specific standard for the case of the urgent need nor showed the limits of the discretionary authority of the judge concerning the extension of the lease term and the restrictions set on the same. Hence, the study recommends the legislator necessarily reconsider this case by laying down a standard whereby the basis on which the case of urgent need shall stand to exist and the way to measure having the conditions to adopt the same are satisfied together with clarification of judge's discretionary authority to extend the duration and restrictions on the period of the lease.