مدى نجاح التشريع الأردني في معالجة المشاكل العملية عبر حصر الدفع بالتقادم المسقط في العقارات المسجلة أصوليا

الملخص EN

This paper will focus on the lapse of time of the lawsuit for the annulations of avoidance of the real state ownership, and to study the application of the Jordanian legislation and judicial on it, through explaining the meaning of the legal phrase “lapse of time” which is mentioned in article 5 of the amending law to the immovable property Act No.

51 Year (1958) which was replaced by Article 13 of the Real State Ownership Act year (2019).

Whereas the Jordanian courts explanation of the “Lapse of time” is imprescriptibly has resulted to many socio-economic problems, and this paper argues that the phrase “lapse of time” refers to the gaining of right and excludes the imprescriptibly, and that article 13 is not clearly formulated and was contradicted with the theory on Contracts in Jordanian Civil Code which requires to be revisited and reformulated.