الإعالة في عقد البيع العقاري وفقا للقانون الأردني

الملخص EN

This study deals with the issue of dependency allowance as an obligation of a buyer in a real estate sale contract.

It was divided into two sections, the first dealing with the concept of dependency allowance, and the second dealing with the legal regulation of dependency allowance.

This paper concludes that the dependency allowance clause means a buyer’s obligation in a real estate sale contract under which a buyer pays the dependency allowance (financial or in kind assistance) throughout a dependent’s life against immovable property ( real estate).

It is also concluded that the establishment of dependency arises from a real estate sale contract, that the legal framework regulating dependency is the special legal rules contained in the Jordanian Real Property Law and the general legal rules contained in the Jordanian Civil Law.

Further, it is concluded that the due date of dependency allowance commences when a real estate is delivered and that the dependency allowance must be mentioned in the sale contract, and such allowance may be cash or in kind.

Additionally, this paper concludes that it may be agreed on amount, description and type of the dependency allowance and that dependency allowance must be paid throughout a dependent’s life in accordance with customs in absence of such agreement.

The beneficiary of the dependency allowance can be the dependent himself or any other dependent person.

The dependency allowance is paid by a sustainer or his heirs.

A sustainer may not dispose of, seize or mortgage a real estate throughout a dependents’ life.

If a sustainer fails to pay the dependency allowance, a dependent will have the right to claim execution or avoidance of the contract, or restoring the status quo ante.