Real Estate Sale for Sustenance in Real Estate Property Law and Jurisprudence
Journal: Zarqa Journal for Research and Studies in Humanities (Vol.22, No. 1)Publication Date: 2022-04-30
Authors : Mahmoud Mohammed Ibrahem Abufarwah;
Page : 157-171
Keywords : Sustenance; Property Sale; Real Estate Property;
Abstract
This study aims to explore and analyze the legal rules governing real estate sale for sustenance contracts, which was organized for the first time in the new property law 2019, since its application lacks a legal basis, as court decisions were the primary determinant of its rules, the study deals with this contract in a descriptive and analytical framework of legal texts and judicial decisions with the aim of presenting the most important legal problems that it raises in the practice. The study concluded that the specificity of this contract is mainly related to defining the sustenance as a subject of the buyer's obligation, so defining its content defines the rules governing it, which ranges from the price rules in the traditional sales contract, and the salary for life rules, in addition to other rules governed by customs. This study also concluded that the most important aspect of uniqueness of this contract is the legal implications, especially in implementation and termination, and social and economic effects on the parties.
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