الطبيعة القانونية لعقد بيع البناء على الخارطة و ضماناته : دراسة مقارنة

الملخص EN

The contract of purchasing of property under construction or on the map is a well-known contract in the Isiamic Jurisp^dence as “Istesna’ Contract”.

This contract was reguiated by speciai rules in the Emirate of Dubai, Saudia Arabia and Aigeria.

These speciai rules banned unlicensed and distressed companies ^om^cticing such activity.

Moreover, the special regulations maintained the balance between the interests of the contract parties, alleviated the risk of unsafe real estate speculation which had caused a gross loss for a lot of buyers of property on a map in the countries that did not Ligallized this contract in special rules.

Since Jordan is suffering from a crisis in housing and Lack in the land allocated to build and unprecedented increase in real estate’s pricial reules organize the contract of ^rchasing property under onstructin in special rules is obvious; because the civil law organizes it under labor contract, and if this contract is organized by the Jordanian legislator as a formal contract, the benefit will be for the parties of the contract and public interest.

This research analyses’ the nature of the contract of ^rchasing property under construction, and its’ special rules emphasizing the significance of considering it as a formal contract, and also studies the legal securities that must be available to this contract because the object of such contract tends to be of considerable value.