NATURAL COMMITMENTUNDER THE JORDANIAN LEGAL SYSTEM: ANALYTICAL STUDY ACCORDING TO JORDANIAN CIVIL LAW NO 43 FOR YEAR 1976

Abstract

Natural commitmentis considered one of the topics that have not been fully addressed, because Natural obligation was only mentioned in a few texts in the Jordanian civil law, specifically in Article (313/2) (314)as the Jordanian legislator has not adequately addressed Natural commitment in the Jordanian civil law. This research aims to study the negative and positive points about the issue of natural commitment by shedding light on its definition and characteristics, in addition to clarifying the legal origin This lack of commitment, in addition to clarifying the legal implications resulting from it, and clarifying the law applicable to it on the international side, this topic raises a number of questions about natural commitment. What is the applicable law in the event of a foreign element in the natural obligation? Is legal clearing permissible in a Natural obligation versus a civil obligation? Is it permissible to guarantee Natural commitment as a general principle? Is it permissible to create a Natural obligation contrary to public order, and when will payment be made with the passage of time for the case? The methodology used in this paper is the descriptive approach and the comparative approach in this research. This research reached many results, as Natural obligation does not arise in the event of breaching the public order