تبعة هلاك المحل كأحد المخاطر التجارية في عقد التأجير التمويلي : دراسة تحليلية وفقا لقانون التأجير التمويلي الأردني رقم 16 لسنة 2002 و تعديلاته

الملخص EN

Risks have become an essential part in business in general. However, studying the risks of the funding rent takes a special dimension when it becomes part of taking decisions pertaining to the commercial effectiveness resulting from the ruin of the rental shop as a basis for the benefits expected from the rent contract.

However such benefit does not seem to exist in the case of rental shop ruin. This study attempts to analyze the risks and dangers resulting from the ruin of the rental shop and the methods of dealing with such risks.

such risks vary and may not be included in the rent contract or by the insurance contract but could stem from the nature of business environment in which the rent contract occurs.

In doing so, the study takes into account the business requirements and the legal protection that the items and conditions of the prevailing law provides in order to create some kind of balance between the landlord and the tenant. These legal conditions determine the party responsible for rental shop ruin, the consequences that this party needs to take, and the reasons for which responsibilities can be denied.

The study has found that the Jordanian legislative system did not take into account, when enacting laws pertaining to the funding rent, the norms that have long been established and accepted in the field of business transactions.

Instead, the Jordanian legal system holds only the tenant responsible for the consequences of rental shop ruin.