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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excluding the courts section

7

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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 studiesCompensation and insurance

Sham Contracts, Their Proof, and Partners' Testimony

A concise summary of the division between absolute and relative sham contracts, limits on proof methods, the admissibility of partners' testimony in an LLC, and the option to raise sham as a defense or separate claim.

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Judicial principles and studiesCompensation and insurance

Defense Law and Its Effects on Fixed‑Term Employment Contracts and Their Renewal

This study summarizes how the defense law and its related orders issued during the COVID period affected fixed‑term employment contracts, focusing on automatic renewal rules, their conditions, and consequences of employer non‑compliance.

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Judicial principles and studiesCompensation and insurance

Request to Defer Fees: Rules and the Relationship between Loan and Insurance Contracts

The study summarizes the court's rules on requests to defer fees under Article 173 and a legal principle that life insurance taken by the borrower in favor of the lender precludes heirs from claiming the loan balance after death.

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Judicial principles and studiesCrime and penalties

Rescission of Sale Contract for Fraud/Misrepresentation — Limitation and Hidden Defect Implications

This study summarizes how fraud/misrepresentation affects rescission claims in sale contracts, and the need to establish fraud before determining the applicable limitation period for hidden defects.

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Judicial principles and studiesContracts and obligations

Relative Effect of Contracts, Stipulation for a Third Party, and Burden of Proof

The legal points indicate that contracts bind the contracting parties and their universal successors; a stipulation for a third party can create a direct right for that third party; agency or representation must be proved and the burden of proof rests on the claimant.

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Judicial principles and studiesCourts and procedure

Import Stamp Duties Schedule: Applying Fees to Contracts and Transactions

Summary outlining the scope of Article (1/First/A) of the import stamp duties schedule, the interpretation of "registration," and the distinction between contractual and additional works.

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Judicial principles and studiesCourts and procedure

Joinder of Multiple Defendants in One Suit When There Are Multiple Employers

Article 70/3 allows joining multiple defendants in a single action where the claimant’s employment relations with more than one employer are so interlinked that rights cannot be determined separately. Refusing joinder would fragment the proceedings.

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Judicial principles and studiesCourts and procedure

Res judicata, Contract Characterization and Theory of Contract Reduction

A brief summary of how res judicata as a public-order defense operates, rules for characterizing contracts, and when the theory of contract reduction applies if an inducing condition is void.

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Judicial principles and studiesCompensation and insurance

Defense Law: Notification No. (8) on Fixed‑term Employment Contracts

A brief summary of Notification No. (8) issued under Order No. (6) detailing automatic renewal rules for fixed‑term employment contracts, limits on termination, and consequences of employer noncompliance.

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Judicial principles and studiesLeases and use rights

Rent Modification and Decisive Oath in Lease Contracts — Examination

This study addresses divergent precedents on proving rent modifications in written leases by decisive oath and the need to harmonize case law. It examines the interaction between the Evidence Law and the probative strength of a decisive oath.

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Judicial principles and studiesContracts and obligations

Labor dispute claims: employer's obligation to return employee documents

A concise overview of the scope of individual labor disputes tied to labor law or employment contracts, and the employer's duty to return promissory notes and deposited employee documents.

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