التجديد التلقائي لعقد الإيجار في القانون الأردني : تعليق على حكم قضائي

الملخص EN

The article No(2LBL5) of the new modifying law of owners and lease holders No(17) 2009 indicates that: (If the contract includes an agreeable condition deciding -it is renewable automatically-) that absolutely means the contract must be renewed for a similer period as in the original contract.

The Cassation Court of Jordan by its Verdict No (290L2007) dated on 11L6L2007) rejected the application of the mentioned article towards the contracts signed before the new modifying law issue and prefered applying the general principle of civil law .This approach is against the acurate application of law ,because as a matter of rule, while there is no conflict between the previous law and the new modifying law ,so the latest shoud be directly applied on the whole cases ,even those which occured before the new modifying law issue.

This concept agrees with the principle of (the direct effect of the new law).

And according to the base of (the private restricts the common) which gives the application priority to the article No (2LbL5) from the private law of owners and lease holders, in this respect, there is no use of applying the general rules of civil law.