التنفيذ العيني الجبري لعقود بيع العقارات غير المسجلة : دراسة تحليلية مقارنة

Abstract EN

The general rule obligat eht sedebtot to execute his obligation either voluntarily or compulsory in the absence of any material or legal obstacle.

The same rule is applied with the real estate, becaurtnoc eht esact in this field is still, in most countries, consensual.

However, few Arabic Laws still consider this kind of contract as formal.

Thus it does not obligate the seller of real estate to excute his obligation and to transfer the property to the buyer, when the seller abstains from going to land office.

At this point, the seller is hedged with legal and judiciary fortification without sufficient cause.

In this research, the authour will discuss this important subject through analytical and compartive studies showing that the purpose of the land register is only limited to record the real estate, the owners and the history of properties with their rights and obligations.

The author also notices that the articles of law and the Juridical decisions in Jordan are not uniform.

Finally, this research contains many important solutions and suggestions.