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 studiesGeneral legal topic

Preservation of Evidence in Urgent Trademark Infringement Requests

A brief summary of the conditions for requesting preservation of evidence in trademark infringement cases, emphasizing the need for existing, specified evidence and prohibiting substantive expert probes that affect the substance of rights or disclose trade secrets.

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Judicial principles and studiesLeases and use rights

Claim Characterization, Compensation for Possession, and Claim for Fair Rent

This study addresses the trial court's role in characterizing claims concerning compensation for possession and claims for fair rent in lease‑termination proceedings, and clarifies the temporal scope for claiming fair rent after the termination judgment becomes final.

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Judicial principles and studiesLeases and use rights

Rent Amendment and the Decisive Oath as Proof of Payment of a Fixed Debt

The study examines how the decisive oath operates in cases of rent amendment and proving payment of a debt established by written evidence, and its probative strength relative to written proof.

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Judicial principles and studiesFamily and personal status

Partnership Company – Joinder of Partners vs. the Company

Article (27) of the Companies Law permits joining the partnership and its joint partners to claim a debt, but bars suing partners alone and allows execution on partners’ private assets only if company funds prove insufficient.

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Judicial principles and studiesCompensation and insurance

Fixed-term employment contract: claim for wages for the remainder of the contractual year

A concise summary of how Articles 25 and 26 of the Labor Law govern consequences of terminating a fixed-term employment contract and claims for wages for the remainder of the contractual year, citing a principle drawn from cassation decision (8610/2022).

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Judicial principles and studiesCrime and penalties

Delay Penalty and Liquidated Damages in a Supply Contract and Contract Termination

A concise rule: contractual delay penalties are due only when the obligation is performed late; if there is no performance or incomplete performance, damages follow general civil-liability rules. In the cited matter the claimant’s request for the liquidated penalty was denied because she sought contract termination limited to undelivered goods.

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Judicial principles and studiesCompensation and insurance

Monetary Claim for Attorney-Agent Breach, Agency Limits and Loss-of-Opportunity Compensation

A claim alleges an attorney acting as agent settled with a convicted party without the client's knowledge or consent, prompting a compensation claim for exceeding agency authority. The Court emphasized the role of expert evidence and proper evidentiary discussion.

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Judicial principles and studiesLeases and use rights

Effect of "Green Area" Zoning on Right of Use and Claim for Compensation in Lieu of Fair Rent

The points indicate that labeling land as a "green area" alone does not prove deprivation of use; claiming compensation in lieu of fair rent requires proving the elements of liability and sufficient evidence of interference. The appellate court should verify whether the removal of the zoning designation completed legal steps and may seek clarification from the municipality under Articles (100, 185).

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Judicial principles and studiesCourts and procedure

Notice, Contractual Guarantee and Nullity of Judicial Warning: Timing and Assertion Effects

Rules on requiring notice for contractual guarantee, the non‑public‑order character of challenging service of a judicial warning, and the consequence of failing to raise that challenge in time.

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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

Unconstitutionality of Referring Forest and Rangeland Claims to Magistrates or Administrative Rulers

A brief summary of a statutory provision in the Agriculture Law deemed to create a parallel judiciary breaching separation of powers and declared unconstitutional. The ruling also addressed a related phrase in Article 39.

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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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