عقد القرض في القانون المدني الأردني : دراسة تحليلية

Abstract EN

A Loan is what someone gives to another in equivalent things, by way of lending for a limited period of time.

Under the Civil Law of Jordan, the Loan Contract shares with other contracts, the main foundations of a contract, i.e the offer and acceptance, subject matter and the cause.

Yet, it remains distinct from other types of contracts, such as the Sale Contracts, the Contract of Deposit, the Lending Contract or the Partnership Contract.

Moreover, the Loan Contract is characterized as being obligatory on one party only, and in becoming due only upon the receipt of the loaned property or equivalent thing.

Hence, this contract does not impose any obligation upon the Lender relating to delivery of transfer of title.

In other words, The Lender can always refrain from the contract, as long as there is no delivery.

On the other hand, the Borrower is obligated to payback the amount of loan upon the same becoming due.

Although the Civil Law of Jordan forbids in Article 640 taking interest (Riba) on Loan Contracts, it is noted that other laws, such as Civil Procedures law, Trade Law or Central Bank Law, contain some provisions that contradicts the said Article.

Accordingly, this research aims at studying such contradiction and analyzing the reasons behind it.