أثر التصرف المخالف للشرط المانع من التصرف في القانون المدني الأردني

الملخص EN

The barrier to disposition is one of the restrictions on the right of ownership, as it is one of the restrictions (voluntary) that the legislator has authorized and regulated, although it responds to the most important authorities that grant the right of ownership to the owner, which is the right to act.

According to this condition, the disposing owner must stipulate his/her behavior, whether it is a contract or a Will, which requires that the dispose is unable to dispose of the property that has been transferred to him/her for a certain period, for legitimate reasons that the condition is intended for.

This restriction in its reality contradicts the characteristics of the right of ownership as an inclusive right, and it disables the authority to act, which is an exception to the original and a violation of the owner's freedom to dispose of his/her property, except that the Jordanian legislator authorized it for considerations related to a serious and legitimate interest of the disposer or the dispose or others for a specified period.

However, the legislator has specified the conditions for the validity of the condition and the implications of the failure of these conditions, which raises the research question, which is the effect of violating the condition, and this is what the researcher will address in this research.