Legal extension of the term of the lease : a comparative study of Jordanian and English law

• Main Author: Agaileh, Zaid Muhmoud
• Published: London South Bank University 2001
• Subjects: 340; Law
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369862

This thesis is based on the legal comparison of Jordanian and English law. The main focus of the study carried out is legal extension of the term of the lease. The study aims to prove that it is currently possible for Jordanian law to be enriched by English law, and that borrowing from English law, could bridge certain gaps in the Jordanian Landlord and Tenant Act of 1994, with regard to legal extension. In addition, the study aims to make Jordanian as well as English law more accessible to the reader. That is to provide the reader with a clear picture about the English legal system and English property law, which is not well-known in the Middle East, and about the Jordanian legal system and Jordanian property law, which is not known in Europe. In addition to the comparison as a fundamental research method, interviews are employed. Also, both qualitative and quantitative research data are generated. Interviews are conducted with 9 landlords, 9 tenants and 12 jurists covering the three biggest cities in Jordan: Amman, Irbid and Zarqa. The thesis is comprised of eleven chapters. Chapters one and two provide an introduction to the study and outline to the Jordanian legal system. Chapters three and four discuss borrowing from English to Jordanian law and the methodology of the research. Chapters five and six deal with the concept of property, and contract and the concept of tenancy in Jordanian and English law. Chapters seven and eight set out the background to the problem of housing and business in Jordan and the legislator'S role, and discuss the court's role in the process of extension and repossession. Chapters nine and ten focus on legal extension of the term of the lease in English law and discuss the implications of legal extension of the term of the lease on the different aspects of life in Jordan (the findings of the interviews). Chapter eleven presents the research findings and recommendations. In each chapter of the thesis, the relevant rules under the law, or the laws concerned are discussed. and then followed by a comparison, or a conclusion, that may be drawn from the discussion. xxiii