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International Journal of Law and Management: Article 786 of the Jordanian civil code: a potential gold mine for employers and a potential minefield for contractors
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Abstract
Purpose – This paper aims to highlight how the prevention principle may affect the rights and
responsibilities of contractors under Jordanian law. In many instances, the application of legal theories and
terminology of the Jordanian civil code (JCC), such as penalty clauses and produces a similar result to that
under common law, such as prevention principle, and even if in some cases the route by which the result is
reached differs.
Design/methodology/approach – This paper is based upon library research on primary and secondary
sources. The author adopted the interpretive paradigm with its underlying subjectivist assumption. This
paradigm creates different meanings and therefore different realities. This is particularly evident when
studying legal notions, such as parties’ autonomy and decennial liability, from a comparative law perspective.
Findings – In many instances, the application of legal theories and terminology of the JCC, such as penalty
clauses and produces a similar result to that under common law, such as the prevention principle, and even if
in some cases the route by which the result is reached differs. However, it is difficult for judges and lawyers in
Jordan to understand the legal principles of certain terms in the common law. This requires, to a certain
extent, an understanding of the legal terms and concepts, particularly those originated from English law. For
example, a thorough grasp of the prevention principle in Jordanian law remains unclear. Apparently, this can
be met by training and capacity building sessions.
Originality/value – As far as the author is aware, this issue has not been researched comprehensively
before from technical and legal standpoints. This paper represents the first attempt to examine the issues
arising in this difficult and important subject.
Haitham A. Haloush - Personal Name
Ahmad Abed Alla Alhusban and Ali Abdel Mahdi Massadeh - Personal Name
Ahmad Abed Alla Alhusban and Ali Abdel Mahdi Massadeh - Personal Name
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Text
ENGLISH
EMERALD INSIGHT
2021
ENGLAND
JURNAL ILMUY HUKUM
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APA Citation
Haitham A. Haloush. (2021).International Journal of Law and Management:
Article 786 of the Jordanian civil
code: a potential gold mine for
employers and a potential
minefield for contractors.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd