The Effect of Death on the Obligations Resulting From the Contract: A Legal Research in the Civil Law

2020 Journal of Law, Policy and Globalization  
This research examined the effect of death on the obligations resulting from the contract that was conducted prior to death, whether a written or unwritten one. In this regard, the researcher can understand the law's keenness that man should leave this life while his financial obligations are not bound to anybody and has no obligations, exactly as the law is concerned that man shall have his rights from the others and oblige them to implement their agreements. Accordingly, death, in its nature
more » ... ight come suddenly without prior notice and the dead man might have conducted one or more contract, and thus it is necessary to implement such obligation or discharge the quittance of the dead person from any debts or obligations. On the other hand, the importance of this paper comes to show how to deal with law in such incidents (the contract agreement). The researcher made the study and analyzed it while defining the contract agreement and its features and legal form, not to forget researching in the most important obligations incurred on the contracting parties and thus, showing the effect of death on the nature of the contract agreement whether the characters of the contracting parties is considered in the contract or not and then linking the effect of contractual obligations after the death of one party or both of them. The research was divided into an introduction and two themes; the first examined the definition of the contract agreement through two sections: first: defining the contract agreement, secondly: adopting the contract agreement. The second theme examined the effects resulting from the contract agreement; two sections were assigned to this theme; first: the obligations resulting from the contract agreement, secondly: the effect of death on the obligations resulting from the contract agreement. The conclusion included the most important results and recommendations. Theme one Essence of the contract agreement The Jordanian legislator in the Civil law examined the rules of the contract agreement in the first chapter, section three that is assigned to employment contracts of the second book that organize the rules of the contracts. In this context, the legislator assigned twenty four articles (articles: 780-804) and defined the contract agreement and its scope then indicated to the place and provisions of the contract. The researcher will -in this paper-define the contract agreement and its features then explain it clearly and easily. Part one Definitions of the contract agreement Article 780 of the Jordanian Civil Law defined the contract as: "an agreement where a party undertakes to make or perform a work in return for compensation paid by the other party" 1 . From this definition it becomes clear that the contract agreement has the following features: 1-It is a contract with the consent of the parties, and shall not be concluded in a specific form, but requires response and acceptance. It could be implemented in writing or orally. However, writing is not necessary except to prove the contract not conducting it. The party who will perform the work for the others' interest is called (the contractor) while the other party is called (the employer). There is nothing that prevents for making a formal contract agreement in case there is a specific text to write it. 2 2-The contract is binding for both parties; the contractor is bound to complete the work and hand it then he shall insure thereof, while the employer is bound to receive the work after completion and to pay the compensation. 3-The contract agreement where each party takes a return for what he gave. 4-Consent occurs on two aspects, namely: the thing that should be made or the work to be implemented by the 1 Dr. Jafar Al-Fadly, the summary in the civil contracts, Dar Al-Thaqafa for publishing and distribution, 1997, No. Ed. P 369. The resolutions of the Jordanian court of Cassation (rights) No. 4014/2013 (ordinary committee) dated 6/4/2014, Publications of Adala Center. 2 Work contract, employment, labor rights: 1) To make use of article (2) of Labor Law and articles (780 and 805) of the Civil Code that the most aspect which distinguish employment contract is the aspect of supervision, management and fellowship in which work contract is independent. Since the concerned court was convinced of the evidence it heard that the aspect of supervision and fellowship exists then accommodating the facts of the lawsuit and applying the law on the clear facts is the job of the courts but not to the desire of the disputing parties. The court's conclusion regarding the verdict in labor rights (which it judged) is represented in paying a compensation for the forced termination and the end-of-service compensation and a compensation for the notice, un-work days, official holidays, Fridays and leave compensation is in agreement with the rules of the law.
doi:10.7176/jlpg/94-02 fatcat:a5o6cerj3jdwvfoexmlzvskkmi