Description
Book description:
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Author's name: Prof. Dr. Ali Hadi Al-Obaidi
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Number of pages: 382 pages
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The subject of the book: Sale and rental contracts and landlord-tenant law
The contents of the book:
Introduction
First part
Sales contract
Part I: Pillars of the Sales Contract
Chapter I: Consent
First Research: The Existence of Consent
Research II: Validity of consent
First requirement: Those who act on behalf of others in the sale of property
Second requirement: Intermediaries and experts
Third requirement: Employees of the execution departments and agents of the parties to the executive transaction
Fourth requirement: Lawyers
Research III: Consent in some described sales
First requirement: Selling on Trial
Section I: The legal nature of a trial sale
Section II: Terms of Sale on Trial
Second requirement: Selling on the condition of taste
Chapter II: Shop
Exhibit I: Sales
First requirement: The sale must be specific or identifiable
Section I: The requirement of knowledge of the sale
Second branch: Partial sale
Section III: Sale by model
Second requirement: The sale must be permissible to deal in
Third requirement: The sale must be owned by the seller
Section I: Sales that do not constitute a sale of another person's property
Second branch: Ruling on selling someone else's property
Section III: The effects of selling someone else's property
Second article: Price
First requirement: Price conditions
First branch: The price must be known
Second branch: The price must be serious
Second requirement: Price provisions
Section I: Breaking the foundation of trust sales
Section II: Increasing or decreasing the price after the contract
Section III: When the price is due
Part II: Effects of the Sale Contract
Chapter I: Seller's obligations
Section I: The seller's obligation to transfer ownership
First requirement: Transfer of movable property
Section I: Self-assigned movable
Second branch: Movable designated by type
Section III: Movables with special records
Second requirement: Transfer of ownership of real estate
Section I: Settled Property
Section II: Unsettled Property
Section III: Apartments, Floors and Buildings
Research II: The Seller's Obligation to Deliver
First requirement: Place of Obligation to Deliver
Section I: Delivery of sales
Section II: Delivery of accessories
Section III: The legal judgment of the increase or decrease in the sale
Second requirement: Obligation to deliver
Section I: Delivery methods
Section II: Time, Place and Expenses of Delivery
Third Section: Loss of the Sale before Delivery
Third requirement: Legal sanction for the seller's breach of the delivery obligation
Exhibit III: Seller's obligation to guarantee exposure and maturity
First requirement: Guarantee of exposure
Section I: Personal Exposure Guarantee
Section II: Guaranteeing Third Party Exposure
Second requirement: Accrual guarantee
Section I: Claim of entitlement
Section II: Total Benefit Guarantee
Section III: Loss of third-party sales
Section IV: Partial Benefit Guarantee
Section V: Loss of security of entitlement
Third requirement: The basis for the obligation of the guarantee, its nature, and the agreement to modify its provisions
Section I: Basis of the obligation to guarantee
Section II: The Nature of the Obligation to Guarantee
Section III: Agreement to Modify Security Provisions
Fourth article: The seller's obligation to guarantee hidden defects
First requirement: Conditions of a warrantyable defect
Section I: Conditions related to what constitutes a defect
Section II: Conditions that are not related to the defect
Second requirement: Consequences of the presence of a warranty defect
Section I: The buyer's right to return the sale and recover the price
Section II: The Buyer's Right to Keep the Sale and Recover the Shortfall
Third branch: Encouraging the buyer to withhold the price
Section IV: The effects of a defect in the sale of multiple items in one transaction
Third requirement: Cases of forfeiture of the right to warranty
Section I: Waiver of the right to warranty
Second branch: Disposing of the sale before learning of the defect
Section III: Loss or shortage of sales after receipt
Fourth branch: Increased sales
Section V: Loss of security due to statute of limitations
Fourth requirement: Comparison between the warranty of hidden defects and some legal systems
Section I: Defect and inferiority
Second branch: Warranty of defects and warranty of qualities
Third branch: Warranty of defects and warranty of fitness for work for a certain period of time
Fourth branch: Defects and Errors Warranty
Section V: Guaranteeing defects and rescission for non-performance
Chapter II: Obligations of the buyer
Exhibit I: The buyer's obligation to pay the price
First requirement: When to pay the price
Second requirement: Where to pay the price
Third requirement: The buyer's right to withhold the price
Fourth requirement: Penalties for non-payment of the price and guarantees for its fulfillment
Fifth requirement: Ruling on the price in case of loss or loss of the thing received on the purchase price
Sixth requirement: The effect of the buyer's death in bankruptcy on the price
Research II: The Buyer's Obligation to Receive the Sale
First requirement: Terms of the buyer's obligation to take delivery of the sale
Second requirement: The penalty for the buyer's breach of his obligation to receive the sale
Section III: The buyer's obligation to pay expenses
Section III: Different types of sales
Chapter I: Salam
First article: Terms of Sale
First requirement: Conditions of the sale (delivered)
Second requirement: Conditions of the price (capital)
Research II: Terms of Sale of Salam
First requirement: The buyer's right to dispose of the sale before delivery
Second requirement: Cases in which the buyer is given the option of annulment
Third requirement: Exploiting the farmer-seller's need
Chapter two: Output
Exhibit I: Place of output
Second article: Terms of exit
Exhibit III: Transferring the Inheritance Share from the Exitor to the Exitee
Fourth article: The Exit Obligation to Guarantee
Chapter Three: Selling in Death
Exhibit I: The death sickness clause
Research II: Ruling on the behavior of a person in death
Research III: Ruling on sales made by a person in death
First requirement: Ruling on the sale made by a person in his deathbed to one of his heirs
Second requirement: Ruling on a sale made by a person in death to a person who is not an heir
Third requirement: Loss of the right of creditors and heirs to annul the sale of a person in death sickness
Chapter four: Barter
Second part
Lease agreement
Part I: Elements of a Lease
Chapter I: Consent
Research I: Eligibility and mandate
First requirement: Eligibility for renting and leasing
Second requirement: Guardianship in renting and leasing
Section II: Persons entitled to rent
First requirement: Rent issued by the landlord
Second requirement: Rent issued by a person who has the right to use the object
Third requirement: Rent issued by a person who has the right to manage
Fourth requirement: The position of the Landlord and Tenant Law
Chapter II: Shop
Exhibit I: Utility
First requirement: Benefit conditions
Second requirement: Real estate subject to the Landlord and Tenant Law
Research II: Fare
First requirement: Terms of payment
Second requirement: The Landlord and Tenant Law's Position on Rent Assessment
Third article: Duration
First requirement: Civil law position
Second requirement: The position of the Landlord and Tenant Law
Section I: Old position
Section II: New position
Chapter Three: Proof of the lease and its enforcement against third parties
Exhibit I: Proof of Lease
First requirement: Jordanian Civil Code Position
Second requirement: The position of the Landlord and Tenant Law
Section II: Enforcement of the lease against third parties
First requirement: What is meant by third-party
Second requirement: Conditions for enforcing the lease against third parties
Third requirement: The legal effect of enforcing or not enforcing the lease contract against third parties
Part II: Provisions of the lease contract
Chapter I: Lessor's obligations
Section I: The Lessor's Obligation to Deliver
First requirement: The place of obligation to deliver and the rule of increase and decrease
Second requirement: The condition in which the hire must be delivered
Third requirement: How, where, when and how much to deliver
Fourth requirement: Penalty for breach of the delivery obligation
Research II: The Lessor's Obligation to Maintain the Leased Premises
First requirement: What is the lessor's maintenance obligation and the consequences of breaching it
Section I: What is the lessor's obligation to maintain
Section II: Consequences of the lessor's breach of his maintenance obligation
Second requirement: The lessor's right to carry out maintenance work
Section I: Civil Law Position
Section II: The position of the Landlord and Tenant Law
Third requirement: Loss of Intended Benefit and Implications
Section I: General rule
Section II: Applications
Exhibit III: Lessor's Obligation to Guarantee Exposure
First requirement: Personal Exposure Guarantee
Section I: Civil Law Position
Section II: The position of the Landlord and Tenant Law
Second requirement: Guaranteeing Third Party Exposure
Section I: Legal exposure
Section II: Physical exposure
Fourth article: Lessor's Obligation to Guarantee Hidden Defects
First requirement: Conditions of a warrantyable defect
Second requirement: Consequences of the presence of a warranty defect
Chapter II: Obligations of the tenant
Section I: Tenant's obligation to pay rent
First requirement: Fare payment rules
Section I: Civil Law Position
Section II: The position of the Landlord and Tenant Law
Second requirement: Penalty for failure to pay rent
Section I: Civil Law Position
Section II: The position of the Landlord and Tenant Law
Third requirement: The lessor's guarantees in obtaining the rent
Research II: The tenant's obligation to maintain the lease
First requirement: What is the tenant's obligation to maintain the leased premises
Section I: Tenant's Obligation to Perform Rental Renovations
Section II: The tenant's obligation not to alter the rented premises
Section III: The tenant's obligation to use the rented property within the limits of the intended benefit
Fourth branch: The tenant's obligation to clean the rented premises
Second requirement: The legal penalty resulting from the tenant's breach of his obligation to maintain the rented property
Section I: Civil Law Position
Section II: The position of the Landlord and Tenant Law
Research III: The Tenant's Obligation to Return the Rent
First requirement: Provisions of the tenant's obligation to return the rent
Section I: The place of the obligation to return and the state in which the wage must be returned
Section II: How, when, where, and how much to pay
Section III: Penalty for breach of the restitution obligation
The second requirement: Ruling on the expenses that the tenant spends on the rented property
Section I: Necessary expenses
Section II: Luxury expenses
Section III: Beneficial expenses
Chapter Three: The nature and disposition of the tenant's right
Section I: The nature of the tenant's right
First requirement: The personal nature of the tenant's right
Section I: Arguments used by proponents of the right in rem
Section II: Arguments used by proponents of the personal right
Section III: Position of the Jordanian Civil Code
Second requirement: Legal consequences of the personalized nature of the tenant's right
Research II: The tenant's disposition of his right
First requirement: Definition of the acts performed by the lessee in his right and the restrictions contained therein
Section I: What kind of actions the tenant performs in his own right
Section II: Civil Law Position
Section III: The Position of Landlord and Tenant Law
Second requirement: Implications of the tenant's disposition of his right
Section I: Lending the wage earner
Section II: Assignment of Rent
Section III: Sublease
Third requirement: The tenant's disposition of his right as a consequence of his disposition of the business
Section III: Termination of the lease
Chapter I: Termination of the lease at the end of its term
First article: How a lease expires at the end of its term
Research II: Implied renewal of the lease
Chapter II: Termination of the lease before the expiration of its term
Exhibit I: Death of the tenant
Exhibit II: Emergency excuse
Chapter Three: Termination of the lease contract according to the Landlord and Tenant Law
References
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