Among the various ways of fulfilling an obligation, in-kind execution is the main method. This requires the debtor to satisfy their obligation according to the terms set forth in a law or contract. In-kind compensation, on the other hand, is a type of compensation that attempts to undo the harm caused by a breach of contract or an illegal action, restoring the situation to what it would have been if the mistake had not occurred. It is necessary to note that In-kind compensation is not the same as in-kind execution. In in-kind compensation, the court has discretionary power, while in-kind execution is binding for all and not at the court's discretion. The court can determine the value of in-kind compensation but not in-kind execution. Removing (negative commitment) should be viewed as in-kind execution and not in-kind compensation, according to this study's results and recommendations. This is because in-kind compensation only becomes effective when the obligation cannot be directly executed for any reason. Enacting clear and unambiguous provisions is the recommended course of action for the Jordanian legislator to eliminate the ambiguity between in-kind execution and in-kind compensation. Furthermore, the guidance of Jordanian court laws should steer the judgments made by the Jordanian judiciary, specifically establishing a distinguishable separation between in-kind execution and in-kind compensation.

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The Problem of Confusing Between In-Kind Execution and In-Kind Compensation

  • Ahmed Awad Al-Bnian,
  • Omar Almakhzoumi

摘要

Among the various ways of fulfilling an obligation, in-kind execution is the main method. This requires the debtor to satisfy their obligation according to the terms set forth in a law or contract. In-kind compensation, on the other hand, is a type of compensation that attempts to undo the harm caused by a breach of contract or an illegal action, restoring the situation to what it would have been if the mistake had not occurred. It is necessary to note that In-kind compensation is not the same as in-kind execution. In in-kind compensation, the court has discretionary power, while in-kind execution is binding for all and not at the court's discretion. The court can determine the value of in-kind compensation but not in-kind execution. Removing (negative commitment) should be viewed as in-kind execution and not in-kind compensation, according to this study's results and recommendations. This is because in-kind compensation only becomes effective when the obligation cannot be directly executed for any reason. Enacting clear and unambiguous provisions is the recommended course of action for the Jordanian legislator to eliminate the ambiguity between in-kind execution and in-kind compensation. Furthermore, the guidance of Jordanian court laws should steer the judgments made by the Jordanian judiciary, specifically establishing a distinguishable separation between in-kind execution and in-kind compensation.