Problems of Selling Real Estate in Exchange for Maintenance in Jordanian Legislation

Dr. Naieem Ali Otoom
Associate Professor of Civil Law
Faculty of Law, Yarmouk University, Jordan


The Jordanian legislator enacted real estate ownership law provisions regulating the sale of real estate in exchange for maintenance based on and guided by the Ottoman Land Law of 1858. This legislative policy is consistent with the reality of society, which applied this form of contract for practical needs that impose themselves in society. The topic of this study is very important since it touches on the reality of society and emulates the needs of its members. The legislator has granted the sale of real estate in exchange for maintaining a set of features in order to achieve the legislative goal of regulating it. He removed it from the umbrella of specific contracts and entered it onto the contracts of uncertainty. At the same time the legislator made the obligation of support extend to the buyer’s heirs in the event of his death.
This paper sheds light on the shortages and deficiencies of this legislative issue, with special care given to submitting proposals to refine it. A descriptive and analytical approach is followed in order to achieve the objectives of this study. Concerning the provisions governing the sale of real estate in exchange for support, the paper concludes that the legislator imposes on the seller of the property ancillary property right on his sold property. The paper also recommends that the legislator include a provision in the real estate property law that regulates the obligations that fall on the buyer’s heirs in the event of his death.

Keywords: Sale Contract; Salary for life; uncertainty contract; Real estate law; The Condition for preventing Disposition.

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