The provisions of the evacuation and the recovery of the leased property at the Expiration of the contract in the Jordanian Law of owners and tenants: An Analytical and Applied Study

Authors

Raed Lutfi Sobeh, Al-Zarqa UniversityFollow
Khalid Radwan Al-samamah, Amman Court of AppealFollow
Aniss Mansour Al-Mansour, The World Islamic Sciences and Education University W.I.S.EFollow

Abstract

In the Jordanian Law of Owners and Tenants, the Jordanian legislator has specified the provisions of the evacuation and the recovery of the leased property at the expiration of the contract. As such, there have been specific procedures to be followed if the owners are to recover their leased property at the expiration of the contract. The judge of the specialized court is the one to look at the urgent cases. This judge can be exempted from looking at the emergency causes when considering the application. This is the case in view of the fact that the legislator has already referred the case to the judge in a particular text stating the emergency cause. The study concludes that the provisions of evacuation and recovery of the leased property based on an urgency and on the purpose of not inflicting harm on the ones who are entitled to their right as ordained by the legislator of urgency cases are unsuitable. Also, the study concludes that it is necessary to draft a legal procedure that makes the tenant evacuate the leased property at the expiration of the contract immediately and upon taking the case to the court and not through urgent judicature. We concluded to the inadequacy and insufflsance of provisions vacating and repossession of the leased asset with the nature of summary proceedings court, Which based on urgency and non-discussion The subject of the dispute, and the need to develop a special legal regulation for vacating and repossession The leased asset in case of expiration of the term of the contract, based on the speed of deciding this Case through special provisions and within the scope of the lawsuit objectivity and not through summary procedings court.

Recommended Citation

Sobeh, Raed Lutfi; Al-samamah, Khalid Radwan; and Al-Mansour, Aniss Mansour (2017) "The provisions of the evacuation and the recovery of the leased property at the Expiration of the contract in the Jordanian Law of owners and tenants: An Analytical and Applied Study," Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات: Vol. 20: Iss. 1, Article 4.
Available at: https://digitalcommons.aaru.edu.jo/albalqa/vol20/iss1/4