The Legal Adaptation of the Sale Contract of Third Parties’ Property: A Comparative Study Between the Journal of Judicial Judgments, Jordanian Civil Law, and Egyptian and Kuwaiti Civil Laws
Dr. Alaa Wasfi Al Mistrihi
Assistant Professor of Civil Law
Faculty of Law – Yarmouk University – Jordan
Whereas the contract of sale is regarded, in principle, a contract that does not require certain formality, and since it is one of the oldest and most widespread contracts, it is natural that there are sales contracts relating to a subject matter that the seller does not have control over.
Due to the importance of determining the legal nature of the contract for the sale of the property of others, and the consequent determination of the legal status, this research came to determine the legal nature of the sale of third parties’ property according to the Mecelle, the Jordanian, Egyptian and Kuwaiti Civil laws. This research addresses the subject in two sections; the first section addresses the meaning of selling third party’s property, and the second addresses the legal rule of selling third party’s property.
One of the most important results that we concluded is that there is a contradiction in the Jordanian legislator’s position when regulating a contract of selling the property of others under the general rules and the special rules, where in the general rules the contract is considered suspended upon the approval of the owner (third party). The same position can be found in the Journal of Justice Sentences where it addresses the subject only according to the general rules. Under the special rules, the Jordanian legislator considered this contract avoidable, the same as the legislators of Egypt and Kuwait, except that the Egyptian and Kuwaiti legislators only regulated the subject under the rules of the sale contract in the Civil Code. This contradiction in the Jordanian legislation is reflected on the judicial decisions issued by the Jordanian courts.
Keywords: Sale contract of the property of third parties, Control over the subject of sale contract, Suspended Contract, avoidable contract, Meddler.