Contrariness of Laws in Contractual Obligations and the Role of the Will in Determining the Applicable Law in the Jordanian Civil Law

Mohammad Ashraf Khalid Ali Al-Qheiwi, Ahmed Adnan Al-Nuemat and Mustafa Mousa Al Atiyat

Journal of Politics and Law, 2024, vol. 17, issue 1, 14

Abstract: In this research, the researcher dealt with the issue of contrariness of laws in contractual obligations and the role of the will in determining the applicable law in the Jordanian civil law. In addition, contrariness of laws requires several conditions to exist, including the legal relationship of a foreign element, the acceptance of countries to apply foreign law before their courts, and the difference in legislation between countries. The Jordanian private international law, like most of the world’s legislation, has subjected the rules of attribution related to contractual obligations to the law chosen by the contracting parties, which is known as the law of will or the principle of the power of will, and the Jordanian legislator has subjected contractual obligations to the law of the country in which the joint home of the contracting parties is located if they are united. But in case they differ, the obligations are subject to the law of the country in which the contract was made. This means that the contracting parties are free to choose the law applicable to the contractual relations as soon as the offer is linked to the acceptance in the agreement concluded between the contracting parties when the terms and conditions of the contract are fulfilled.

Date: 2024
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