International Journal of Legal and Comparative Jurisprudence Studies

Volume 4 - Issue 3 (7) | PP: 253 - 271 Language : العربية
DOI : https://doi.org/10.31559/LCJS2023.4.3.7
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The Judge’s Discretion in Annulling the Transfer of Title to Real Property Under the Real Property Law

Rama “Mohammad Yahya” Al-Haddad
Received Date Revised Date Accepted Date Publication Date
4/8/2023 15/8/2023 22/8/2023 18/12/2023
Abstract
Objectives: The purpose of this study was to explain the subject judge's discretionary authority regarding the invalidity of transactions imposed on a property under Real Estate Property Law No. 13 of 2019. Methods: The idea of a void contract was explained using a descriptive analytical approach. However, the most significant part of this research will be examining the relevant legal texts, utilising the opinions of Islamic jurisprudence -particularly those of the Hanafi school of thought- and Jordanian judiciary jurisprudence as a guide. Results: The study produced a number of findings, the most significant of which was that the legislator in Jordan was right to grant the judge broad discretionary authority within the parameters of Article 13 of the Real Property Law. By doing this, the judge would have been able to address a number of issues that the Jordanian judiciary was confronting, particularly in the event that it became impossible to return the situation to how it had been before the contract was signed. As a result, the legislator was able to establish a clear harmony between the legislative and judicial systems in Jordan. Conclusions: The study proposed that the text of Article (13) of the Real Estate Property Law No. (13) of 2019 be amended by removing the words "annulment" because annulment can only occur if there is a legal contract.


How To Cite This Article
Al-Haddad , R. “. Y. (2023). The Judge’s Discretion in Annulling the Transfer of Title to Real Property Under the Real Property Law. International Journal of Legal and Comparative Jurisprudence Studies, 4 (3), 253-271, https://doi.org/10.31559/LCJS2023.4.3.7

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