الطبيعة القانونية للعقد الإبتدائي و أثره كضمانة للبائع و المشتري في عقد بيع الشقق و المباني قيد الإنشاء

الملخص EN

Jurisprudence and the judiciary differed over the legal nature of the preliminary contract, or the so-called preliminary contract, or the so-called attachment contract; Among the legal scholars who considered it a promise to contract; It is binding on one side that is suspended on a suspended condition, and some of them said it is a binding sale contract for the seller, and some of them contradicted this opinion and said: Rather, it is binding on the seller to make reservations only, and the preliminary contract in the sale of apartments and buildings under construction is not a promise of sale, as we will see through this research.

Nor is it a deposit sale, rather it is a sale contract for a future thing, and it includes all the essential issues.

The conditions, and the elements required for the validity of the final contract, and the researcher believes that it is a final sale contract complete with all its conditions, elements and elements dependent on the complete registration, as is the case in the Arab Republic of Egypt, but in the Hashemite Kingdom of Jordan, registration is considered one of the pillars of the contract.

The contract is not valid without it, so we will shed light in this research on the legal nature of the initial contract in contracts for the sale of apartments and buildings under construction and the effect of this contract on both the seller and the buyer and the extent to which it can be considered a guarantee for the parties to the contract in the contract for the sale of apartments and buildings under construction.