Abstract | الملخص

Alternative performance of obligation occurs most often when a debtor owes a sum of money and is unable to meet his obligation so offers an alternate such as ownership of a certain asset, goods or property. Similarly, if he has committed to handing over the ownership of a certain property or asset, he may offer a sum of money or other form of payment instead. Likewise the obligation could be performing an action or refraining from it, in which case he might offer ownership of property for example paying a sum of money as a substitute for not competing with a certain merchant for a specific period of time. The opposite is inconceivable, as it is not possible for the debtor to offer to perform an action as a substitute to an obligation to pay a sum of money, as the action is performed over a period of time making it a novation of the obligation thereby changing the subject of obligation and requiring another agreement rather than being a substitute to the original. On the other hand, the obligation is considered to be fulfilled immediately upon novation when the ownership of the alternate asset is transferred. This paper attempts to study this subject in light of Jordanian law, beginning by defining alternative obligation and differentiating it from other similar legal concepts that it could be confused with, followed by the possible legal effects upon its implementation. Finally the study is concluded with a number of results and recommendations.

Authors | المؤلفون

Ibrahim Al-Sarayrah

Keywords | الكلمات الدالة

Alternative, Performance, Debtor, Obligation.

Full Text | المقال كاملا

References | المراجع