الصفحة الرئيسية

Ashraf Al-Khawaja & Associates

ADVOCACY & LEGAL CONSULTANCY

Legal studies

Studies to help you understand the next step.

General legal studies on questions relevant to individuals and companies in Jordan. Review your matter’s facts before relying on it professionally.

417

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Judicial principles and studiesCompensation and insurance

Distinguishing Creditor's Action for Non-Effect of Debtor's Disposition from Annulment under Article 13 of the Real Property Law

A brief summary clarifying the substantive distinction between annulment claims under Article 13 of the Real Property Law and creditors' actions to render a debtor's disposition non-effective under the Civil Code, highlighting effects on buyers and creditors.

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Judicial principles and studiesProperty and real estate

Partition Removal: Effect of a Decedent’s Death During Proceedings on the Heir’s Share

A brief summary of a judicial holding treating heir and decedent as one person for litigation purposes, and the effects of the decedent’s death during a partition suit on temporary lot allocation and preservation of hereditary shares.

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Judicial principles and studiesLeases and use rights

Parent Company and Subsidiary: Impact of Financial Consolidation on Designation of the Adverse Party

A brief outline of circumstances that render the parent company the appropriate adverse party despite separate legal personalities and assets. The summary focuses on indicators of financial consolidation, management unity, and salary payments.

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Judicial principles and studiesCompensation and insurance

Claim for Compensation for Hidden Defects and Loss of Value in an Apartment Sale

A brief summary of a dispute over compensation for a hidden defect in an apartment delivered without contractual reservations, and the application of rescission or diminution remedies when preventing increases exist.

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Judicial principles and studiesCompensation and insurance

Mortgage, Preventive Additions to the Sold Property, and Hidden Defect

Proving defects in an apartment, including hidden defects, requires technical expertise rather than solely personal testimony. A prior mortgage or buyer-made additions can prevent rescission and affect compensation claims.

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Judicial principles and studiesCompensation and insurance

Tort Liability, Burden of Proof, Expert-Report Discrepancies and Effect on Interest Claims

A brief summary of principles on tort liability, required evidentiary elements, how differing expert reports affect claims, and treatment of legal interest under power of attorney.

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Judicial principles and studiesProperty and real estate

Sale Contract: Deficiency or Excess in the Sold Property, Limitation Periods, and Survey Evidence

A concise summary of the rules governing excess or deficiency in a sale, when limitation periods start, recovery of fees for missing area, and the appellate court's role in determining actual land area.

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Judicial principles and studiesCompensation and insurance

Appointment of Experts and Land Expropriation/Waste Plots: Admissibility and Expert Report Requirements

Parties may agree, expressly or implicitly, to appoint experts outside the register; courts must ensure experts explain their pricing basis and the status of plots as waste, and account for any expropriation when calculating compensation.

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Judicial principles and studiesProperty and real estate

Claimed Legal Title and Property Rights in Cases of Trespass

The study outlines limits on asserting a claimed legal title for lands governed by settlement and special immovable-property laws, affirms that trespass does not confer ownership, and clarifies the interplay between civil law and special statutes.

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Judicial principles and studiesLeases and use rights

Release/Abandonment of Obligation: Gift Rules and Relation to Unjust Enrichment

A concise summary addressing the legal nature of release as a unilateral act akin to a gift, the validity conditions, the requirement that the debt exist at the time of release, and limits on the evidentiary value of prosecutorial decisions in civil courts.

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Judicial principles and studiesTax and banking

Action to Void Debtor's Dispositions: Protecting Enforcement and Encircling Debt by Debtor's Assets

The study outlines the basis of the action to void a debtor's dispositions in Jordanian law—drawn from Islamic, notably Maliki, doctrine—and focuses on evidentiary rules and when dispositions are challengeable during or after general bankruptcy.

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Judicial principles and studiesCourts and procedure

Article (22/D) of the Military Pension Law — Tuition Exemption

The study summarizes the application of the provision granting free education to children of armed forces members with severe disabilities, and the scope of the registration-condition requirement.

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