The commitment amendment in the sale contract A comparative study between the Islamic Fiqh (jurisprudence) and the Jordanian civil law

Abdulhafez Abu Hamideh, Ali Abu Yahya

Abstract


This research discusses the issue of commitment amendment in the contract of sale by both types: consensual and judicial, and explains that both of the seller and the buyer has the authority of amendment, and that the contingent amendment to the commitment in the sales contract, whether related to the obligations of the seller or the obligations of the buyer inflicted the original contract, that the contract becomes enforceable on the shape after the amendment, noting the most important practical effects resulting from that. The research also discusses the judicial amendment of contractual obligations in the contract of sale based on "the emergency conditions theory", indicating the objective conditions to allege the legality of the amendment, considering in all of that the position of the Jordanian civil law.

Keywords


the contract of sale. Islamic fiqh (jurisprudence)

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