نطاق امتياز البائع على المبيع لضمان حقه بالثمن و ملحقاته : دراسة مقارنة بين القانونين المدنيين الأردني و البحريني

الملخص EN

This research addresses the scope of the seller's right to privilege over the value of the sold thing in respect of the price and price related values, and concluded that the Jordanian legislator, unlike his Bahraini counterpart, not only regulated the vendor's right to franchise in the general rules but also regulated this right under the special rules of the sale contract.

where the general rules governing the vendor's privilege in the Jordanian and Bahraini civil laws require for the right to be constant to have a valid and legally enforceable contract of sale and to transfer the ownership of the sale from the seller to the buyer and to keep the sold thing existing and self-sustaining.

The Jordanian legislator added to these conditions another requirement under the rules of the contract of sale where the special rules require that the buyer shall not have died bankrupt before paying the price and after receiving the sold thing, which made the legislator in a contradiction between what is stated in the general rules governing the privilege right and the special rules of the sale contract.

On the other hand, the Jordanian legislator, unlike his Bahraini counterpart, contradicted what was stated in the Civil Code about rules of vendor’s privilege and the provisions stipulated in the insolvency law, under which the vendor’s privilege was waived on the value of the sale on the price related values if the buyer, before the performance of the price was sentenced to insolvency, whether the latter received the sale or not, and whether the buyer is alive or have died.