تملك المضمونات بالضمان في القانونين الأردني و الإماراتي

Abstract EN

The paper discusses the Jordanian Article 1085 and its corresponding Emirati counterpart (Article 1218) concerning civil transactions.

Both articles state that "Any resulting damage caused to a certain property can be legally possessed by the doer due to the cause of that occurrence and provided that the damaged property can be legally and accordingly proved to be possessed (i.e.

not all damaged properties can be possessed in turn for compensation)".

This concept shows how both the Jordanian and the Emirati law have the same shared basic grounds regarding this matter.

In other words, this rule means that if any damage occurred to any property, the person held responsible should compensate for in order to be eligible for possessing the damaged property.

The research aims at outlining the application of this rule or the conditions under which it can be applied.

The research is based on four major parts: (a) reasons of damaged property, (b) location of damaged property, (c) compensation, and (d) the application of law.