Seybold Report ISSN: 1533-9211
Dr. Talal Hussein Mohammad Abumalik(1)
Dr. Enad Atieh Oqla Al saidat(2)
Dr. Abedullah Mohamad Awdah Al-Shudaifat(3)
Vol 17, No 11 ( 2022 ) | Licensing: CC 4.0 | Pg no: 2997-3013 | Published on: 30-11-2022
Abstract
This research aims to study a topic: The effect of the simulated contract case on others in the
Jordanian civil law. It is one of the important topics worthy of research, which did not receive sufficient due care in the books of civil law (commitment provisions), Also, the literature that appeared to treat him did not give him the right to a careful and in-depth study in a comprehensive and comprehensive manner. The Jordanian legislator has adopted the principle of stability of the apparent situation when dealing with the fictitious effects in relation to third parties, such as the creditor, the private successor, and the beneficiary in stipulating in favor of the third party who adheres to his rights derived under the provisions of the Jordanian Civil Law according to the text of Articles (368 and 369), where the fictitious gave the option to others when it was in good faith, Adherence to the apparent and simulated contract if it achieves its interest, provided that the contracting parties have not implemented the hidden contract. That is, the third party is not aware of the existence of the fictitious, whether actual or judgmental, at the time of its dealings with the fictitious parties. The Jordanian legislator also granted third parties the right to adhere to the covert contract in application of the general rules, provided that the contestation of the formality is clear and explicit from those who have an interest in that. In the event of a conflict with the interests of third parties who cling to the covert contract and others who cling to the fictitious contract, the third party who clings to the fictitious contract shall advance if it is of good faith. I have discussed this topic in great detail. This study included a set of results and recommendations.
Keywords:
simulated, third party, good faith, apparent contract, hidden contract, private successor.