Prof. Abdulrahman Jumaa
Professor of Civil Law – College of Law – University of Jordan

Abstract:

This research deals with the provisions of the responsibility of the agent in front of his client within the scope of the Jordanian Civil Law, and the related contemporary problems. The study is based on a comparison between the position of the Jordanian civil law with some Arab civil laws in general and the Qatari civil law in particular, For example, the Jordanian Civil Code requires the agent to provide the client with the agency’s account. However, the question that arises in this area is the rule that we are in is peremptory? Or are there exemptions exempting the agent from this obligation? And if the law authorizes the agent to appoint third parties with all that he has done and what is wrong with him, does he ask the agent and the beneficiary to contribute in guaranteeing the damage to the client?.
The researcher in the study of the subject addresses a comparative analytical approach: either it is analytical that the researcher highlighted it through the presentation of jurisprudential views and judicial judgments that analyzed the legal requirements, or it is comparative, the researcher looked into the subject to Arab civil laws, especially that some of them constitute a source derived from the provisions of the Jordanian Civil Code. We have shed light on this research through the statement of the position of Islamic jurisprudence, as this jurisprudence is an essential source of Jordanian civil law, especially as the judge relies on the verdict when there is no legal text exposed to the case that is considered.
The researcher wished the legislator in the research in question to be subjected to the rule of solidarity of the agent with the client to avoid damage to the client to avoid any judicial or jurisprudence differences, and also regulate the relationship between the agent and the agent in terms of the extent of the agent’s commitment in accordance with damage due to the client as a result of the second agent mistakes , And whether the guarantee is achieved Is it necessary in solidarity with the second agent? Is it permissible for the agent and his deputy to return to each other? With the basis of this reference, and also determine the provisions of the relationship between the client and agents in the case of their multiplicity.
Key words: the agent, the client, the Muslim jurists, the responsibility of the proctor, the civil law.

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