THE LEGAL BASIS FOR GUARANTEEING THE WRONGFUL ACT ON FUNDS IN THE JORDANIAN CIVIL LAW
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Abstract
The Jordanian civil law was distinguished by drawing its provisions from Islamic jurisprudence[1]. This was evident when it merged between absolute objective liability and restricted personal liability in its organization of tort liability, thus distinguishing it from the majority of comparative Arab legislation. Damage in the Jordanian civil law is the basis for tort liability. If the damage is direct, such as destruction and usurpation, the guarantee of the harmful act is based on the damage or the rule of fining the spoils/profits. And if it was by causing, vanity and misuse of the public right, for example, the guarantee is based on infringement or intentionality.
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References
Legislation:
The Jordanian Civil Code No. 43 of 1976, published in the Official Gazette No. 2645, has been in force since 1 January 1977.
French Civil Code 21 March 1804
Egyptian Civil Code No. 131 of 1948, Egyptian Chronicles, No. 108 bis, July 29, 1948
Judgments and Commentaries: Ali Haidar Khawaja Amin Afandi, Arabization: Fahmi Al-Husseini, Referees' Commentary in Judgments Magazine, Dar Al-Gel, Beirut, first edition, 1411 A.H.-1991, issue of parts 4, Muhammad Khalid Al-Atassi and Muhammad Tahir Al-Atassi, Commentary, Journal, Scientific Books House, Beirut, Lebanon, six volumes, 2016
Jordanian Civil Law Explanatory Notes, Part One, Jordan Bar Association Edition, 2015.
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