المسؤولية المدنية عن تعويض الضرر المتحقق بما يجاوز مبلغ العربون نتيجة العدول في القانون المدني الأردني

الملخص EN

This study aims to explore the position of the Jordanian legislator regarding the responsibility for compensating the aggrieved person as a result of the other contractor’s reluctance to complete the contract after paying the deposit.

The compensated damage meant in this study is that exceeds the amount of the deposit as the deposit seeks to achieve the stability of transactions and impede any potential harm that may affect any of the contracting parties as a result of withdrawal.

Article 107 of the Jordanian Civil Law has established a legal rule governing the relationship between the contracting parties with regard to the amount of the deposit in the event of withdrawal.

This study attempts to find out the legal basis on which the aggrieved party can rely on to establish his claim in cases where the amount of damage exceeds the amount of the deposit as a result of the withdrawal, and it did not draw on the function of the deposit in the contract, because the function of the deposit, as indicated above, is related to the stability of transactions, and reparation for the potential damage, as stipulated in the aforementioned article (107), where it is noted that the two types of liability can exist in the event of withdrawal according to the intention behind the payment of the deposit.

The study concluded a number of results, the most important of which are: The wider scope is for the availability of the elements of liability, and the study also recommended a legislative amendment to the text of Article 107 of the Jordanian Civil Law.