أثر تخلف شرط التسجيل في البيوع الواقعة على الأموال التي لها سجلات خاصة في القانون المدني الأردني

الملخص EN

The legislator was in confusion about the issue of registering the sales of properties that are stipulated to be registered in special records.

Accordingly, the judging and the jurisprudence were in the same confusion.

They sometimes consider the registration requirement a main clause in the contract where breaching this clause shall be a ground to terminate the contract, and they sometimes consider it one of the contract’s impacts where the breach of either party, especially the seller, results in terminating the contract and making compensation as damages due to the failure of transferring the ownership and registering the contract in the special record.

However, the reality of the relevant transactions has proven that the contract is right and valid, but it will be invalidated in case of breaching the registration clause which gives the buyer the right to claim the implementation of the obligation to transfer the ownership of the sold and claim compensation as a result of the seller’s breach of this obligation.