Legal regulation of loyalty sales in Iraqi and Jordanian law - A comparative study-

بيع الوفاء

Abstract

The fulfillment sale is considered a private sale that the Jordanian legislator did not stipulate in the Civil Law. It is defined as a sale in which the seller stipulates from the buyer that when the price is returned to him, the latter is obligated to return the sold item. It is also considered an invalid sale in Islamic jurisprudence. The public has agreed on this. Invalidation of loyalty sale; This is because the fulfillment sale contract contradicts the stipulation of the sale contract, which requires ownership of the sold item to the buyer, in addition to the excessive usury included in this sale.

          The position of the Iraqi legislator on the sale of loyalty was also discussed in this study, which stipulated that it is a possessory mortgage. It became clear in this study, after dropping the provisions of the possessory mortgage on the sale of loyalty, that the legislator’s adaptation was completely inappropriate, so it was better for the Iraqi legislator to stipulate the invalidity of the sale. Loyalty instead of conditioning it as a possessory mortgage. This study reached a legal recommendation to the Jordanian legislator to resolve the issue of dealing with the loyalty sale in Jordan by explicitly stipulating the invalidity of the loyalty sale. Because it violates many of the legal rules stipulated in the Civil Code.