Extent of the Legislative under-regulation of Profiteering Defect in the Jordanian Civil Law

Abstract

I have addressed in this research, titled “Extent of the Legislative under-regulation of Profiteering Defect in the Jordan Civil Law," the absence of a general theory for the profiteering defect in the Jordanian Civil Law with the exception of a single application which is "taking advantage of the farmer’s need in the Al-Salemsale(Al-Salem sale is the sale of postponed –delivery property for an immediate price).I have reviewed the defects affecting consent provided for by the Jordanian legislator, namely duress, deceit with serious damage, and mistake, compared with the profiteering defect. It has been found that these defects are not a substitute for regulating profiteering defect. Therefore, this defect which affects the will of the contractor and results in disruption of the contracting balance affects the principle of justice in the Jordanian Civil Law. This principle was deduced from a range of provisions of the law. I have shown the position of the Islamic Jurisprudence of the profiteering defect, which provided for variant applications  to this defect such as the sale and purchase of the Mutter (the destitute), the sale of Al-Hadher Lil-Badi ((between a person resident in the city and a person living in the desert), the sale of Al-Rukban (between a person who knows about the arrival of a convoy carrying goods and commodities to beholden the city, and this person takes advantage of their ignorance of the prices in the city and buys it for less than the real price, before arrival to the city.), and the sale of Al-Mistarsel (when a contractor takes advantages of the other contractor due to his ignorance of market prices, and makes him enter into an unfair contract with him). I have come to the conclusion that the Jordanian legislator needs to regulate profiteering defect theory, providing for aprofiteering defectinthe farmer‘s need in the Al-Salem sale in not sufficient

Keywords: Profiteering defect, defects affecting consent, legislative under-regulation.