The Formality as a Constraint to the Will of Parties in the Contracts in Accordance with the Provisions of the Jordanian Civil Law

Abstract

The researcher in the study seeks to highlight the concept of formality as a constraint to the will of the parties when establishing a legal contract. Formality imposes a certain style to follow in order to express the will of the parties in contracts. This style is considered a constraint to their will and restricts their ability of expression. The problem of research lies in the ambiguity of the concept of formality and its position in the general theory of the obligation, and the ambigious effects resulting from breaching formality. The researcher followed the comparative analytical descriptive approach, describing the legal rules concerning formality and analyzing them in the light of the views of jurisprudence and judicial rulings, and comapring  the provisions of the Jordanian Civil Law with some Arab laws. The research found that the purpose of  the from that is set by the Jordanian legislator is not clear in many of the texts of the Civil Law. In addition, there are uncertainties that overtake the legislator when regulating formalities. Several recommendations are introduced to address this legal defect