Article Title

The Claim against Principal Debtor before Payment of the Debt guaranteed under the Jordanian Civil Law: Justice to be reviewed

Authors

Yousef Mohammad Obaidat, College of Law in the University of Sharjah, UAEFollow

Abstract

This study dealt with the claim against principal debtor before payment of the debt guaranteed, due to the importance of this claim and its impact on developing and improving the credit process. The personal Surety Contract is the way by which the creditor resorts to minimize its risk, i.e. to secure the repayment of a loan if the debtor defaults. For the Guarantor to sign surety contract, it was necessary to provide him a mean to guarantee his right. For this reason, the claim against principal debtor before payment of the debt guaranteed was the effective method to do so.

The position of Jordanian legislator was unclear concerning this claim. In fact, the Jordanian legislator has not codified the claim against principal debtor in its public form, because Jordanian legislator made the guarantor and the debtor jointly liable for the debts incurred in accordance with the provision of article (950). The creditor has been given the right to claim the debtor, the guarantor or together in accordance with the provision of article (979). At the same time, Jordanian legislator created special applications for the claim against principal debtor in the content of articles (971) and (972), which in turn led to inconsistency and contradiction in the provisions of the Jordanian Civil Law. This is attributed to the fact that Jordanian legislator derived provisions of the claim against principal debtor from Islamic law and was-at the same time- influenced by Other Arab Laws, which led to inconsistency of its articles with each other.

This study was designed to solve this inconsistency. The subject was addressed in three sections: Evaluation of Jordanian position, Justice in codifying the claim in question, and lastly rules of Jordanian Law strengthen the adopting of claim.

Recommended Citation

Obaidat, Yousef Mohammad (2020) "The Claim against Principal Debtor before Payment of the Debt guaranteed under the Jordanian Civil Law: Justice to be reviewed," مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 83: No. 83, Article 1.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol83/iss83/1