Enforceability of Sale of Goods Contracts in Jordan
In Jordan, there are several laws governing sale of goods contracts
In Jordan, there are several laws governing sale of goods contracts. These laws include:
- Civil Law (No 43 of 1976).
- Trade Law (No 12 of 1966).
- Maritime Law (No 12 of 1972).
- Goods Transportation on Roads Law (No 21 of 2006).
- Competition Law (No 33 of 2004).
- Consumer Law (No 7 of 2017).
- Commercial Agents and Mediators Law (No 28 of 2001).
- Electronic Transactions Law (No 15 of 2015).
- Evidence Law (No 30 of 1952).
Requirements to Create a legally enforceable contract for the sale of goods
To create a legally enforceable sale of goods contract, Jordanian law requires there to be:
- An offer.
- Acceptance.
- The legal capacity of the parties to contract.
- A lawful subject matter for the contract.
- Certainty.
- A lawful cause of the contract.
- Consideration.
- (Articles 91, 116, 157, 165, 466 and 478, Civil Law.)
Jordanian law does not require a contract to be written, and a contract need not be notarised to have legal effect.
No further formalities are required to enforce a sale of goods contract, except in some limited circumstances. For example, to enforce a contract for the sale of a vehicle in the Jordanian market, the contract must be registered with the Traffic Department (Article 3, Traffic Law (No 49 of 2008)).
E-contracts
Contracts made by electronic means are enforceable in Jordan. Article 9 of the Electronic Transactions Law provides that information messages are a means by which the will to contract can be expressed between parties.
Article 2 of the Law defines "information messages" as any information generated, sent, received, or stored by electronic or similar means, including Electronic Data Interchange (EDI), or the exchange of electronic mail, telegram, telex, or telecopy.
Language of Contract
English is the usual language used for international sale of goods contracts in Jordan. There is no language requirement for contract validity. Translation into Arabic is only required when a contract is presented as evidence before the Jordanian courts (Article 79, Civil Prosecution Procedure Law (No 24 of 1988)).
Copyright © 2021 | Al Armouti Lawyers & Consultants. All Rights Reserved.Disclaimer: The information provided here is of a general nature and may not apply to any particular matter. It does not constitute legal advice nor presumed indefinitely up to date.
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