The Cases Where the Judge’s Ruling Act as an Execution Order
摘要
Based on the established agreement, the debtor must fulfill their commitments. Yet, if they fail or refuse to comply with the contract’s obligations, the verdict relies on the specifics of the contract concerning the transfer of ownership and duties. The fulfillment of these duties is contingent on a court ruling, which substitutes for the original agreement, ultimately replacing it with the court’s decision. In certain contracts, the judge’s judgment cannot be used as a means of execution, particularly those contracts that have a specific form specified by law. The formality of the contract, especially in real estate contracts, is integral to its foundation. If a second party promises to enter into a contract and the other party seeks recourse in court, the judgment is only issued if all necessary conditions for completing the contract, with a focus on the required form, are met. Such a judgment replaces the contract once it gains legal force following the ruling. “Given the formal conditions required for sales contracts involving real estate, the legitimacy of any contracting claim hinges on the registration in the appropriate official registry. Our investigation culminates in a compilation of findings and suggestions, including the call for revisions to the Jordanian legal code pertaining to real estate contracts executed via judicial rulings. Specifically, we propose establishing their effectiveness from the time of establishment rather than the date of the verdict. The verdict itself serves as an enlightening benchmark for such agreements.