الطبيعة القانونية لعقد بيع الشقق و المباني قيد الإنشاء : دراسة مقارنة بين القانون الأردني و القانون المصري

الملخص EN

This study aims to know the legal nature of the contract for the sale of apartments and buildings under construction, and this contract is distinguished from the contract for the sale of traditional real estate; Whereas, the subject property of the contract is present upon contracting in the normal sales contract, while in the contract for the sale of apartments and buildings under construction, the subject of the contract is not present upon contracting.

The substance of the contract for the sale of apartments and buildings under construction; It is the commitment of the real estate seller to create the property first, then the commitment to transfer the ownership second 0 The first obligation of the real estate seller is to create the property, which is the same as the contractor’s commitment in the contracting contract, and the second obligation is to transfer the ownership of the property to the buyer after its establishment, and it is the same as the seller’s commitment in the traditional sales contract.

But can we apply the provisions of the traditional sales contract to this contract? Or is this contract closer to the agency contract, or is it closer to the contracting contract, or is it closer to a promise to sell? In order to find out the nature of this contract, we must define the legal nature of this modern contract, and distinguish between it and contracts similar to it, to determine whether it is a traditional sale contract, a contracting contract, a forward sale contract (future), a promise to sell contract, or a sale contract.

Agency, or is it a new contract that has its own specificity despite its participation in some of the general characteristics of those contracts; This is what we will try to answer through this research to determine its legal nature 0