The Penalty Clause in Jordanian Civil Law

Abstract

The research is financed by the Deanship of Scientific Research and Graduate Studies in the Applied Science Private University

Abstract

The penalty clause was introduced as one of the solutions provided by the legislator to regulate the individual legal transactions. Most netting contract contains a penalty clause, particularly contracts that its implementation takes long time, as in the contracts for work and procurement contracts. However, the practice of this legal option is still confused with other legal options and weaknesses in the wording of its terms, transgression and misunderstanding of the scope and limits of the contractual assurance still remains. Therefore, the origin of the subject and the declaration of its true legal context should be examined through this study, which is based on the position of the Jordanian law and its judicial provisions in this regard.

Keywords: Penalty clause, concepts, legal system, limits.