The Palestinian Comparative Jurisprudence and violation of the Lease Contract – A comparative study in light of the landlords and tenants’ law and Majalla

The research analyzed the role of Palestinian and comparative jurisprudence in achieving a balance between interests in the lease contract in the violation of contract terms as a reason for eviction by adoption of reasonable standards. The research discussed the preponderance of judiciary adoption o...

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Main Author: إبراهيم خالد يحيى
Format: Article
Language:Arabic
Published: Qatar University Press 2021-07-01
Series:International Review of Law
Subjects:
Online Access:https://185.37.108.12/index.php/IRL/article/view/1939
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author إبراهيم خالد يحيى
author_facet إبراهيم خالد يحيى
author_sort إبراهيم خالد يحيى
collection DOAJ
description The research analyzed the role of Palestinian and comparative jurisprudence in achieving a balance between interests in the lease contract in the violation of contract terms as a reason for eviction by adoption of reasonable standards. The research discussed the preponderance of judiciary adoption of judicial notification as a public order, and that the notification must be directed by leased owner. Additionally, the research discussed the preponderance orientation that judicial notification is subject to the provisions of Waiver and correction and purpose of the procedure. The research showed orientation of considering not the mere use of the leaseholder -without damage- as a reason for eviction, and the orientation of the preponderant opinion to require a harmful change as a reason for eviction, and not applying all provisions of the “Majalla”, but the law of owners and tenants, due to the different philosophies, and the orientation of the preponderant opinion to require a harmful change, or a change in the architectural pattern even without damage or change in the property without the permission even without damage
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spelling doaj.art-0f298f08e8d94c03b08cdd0f7e4273f32022-12-21T19:34:33ZaraQatar University PressInternational Review of Law2710-25052223-859X2021-07-01101The Palestinian Comparative Jurisprudence and violation of the Lease Contract – A comparative study in light of the landlords and tenants’ law and Majallaإبراهيم خالد يحيىThe research analyzed the role of Palestinian and comparative jurisprudence in achieving a balance between interests in the lease contract in the violation of contract terms as a reason for eviction by adoption of reasonable standards. The research discussed the preponderance of judiciary adoption of judicial notification as a public order, and that the notification must be directed by leased owner. Additionally, the research discussed the preponderance orientation that judicial notification is subject to the provisions of Waiver and correction and purpose of the procedure. The research showed orientation of considering not the mere use of the leaseholder -without damage- as a reason for eviction, and the orientation of the preponderant opinion to require a harmful change as a reason for eviction, and not applying all provisions of the “Majalla”, but the law of owners and tenants, due to the different philosophies, and the orientation of the preponderant opinion to require a harmful change, or a change in the architectural pattern even without damage or change in the property without the permission even without damagehttps://185.37.108.12/index.php/IRL/article/view/1939Violation of contract termsLease contractJudicial notificationHarmful changeEvictionUse of leasehold
spellingShingle إبراهيم خالد يحيى
The Palestinian Comparative Jurisprudence and violation of the Lease Contract – A comparative study in light of the landlords and tenants’ law and Majalla
International Review of Law
Violation of contract terms
Lease contract
Judicial notification
Harmful change
Eviction
Use of leasehold
title The Palestinian Comparative Jurisprudence and violation of the Lease Contract – A comparative study in light of the landlords and tenants’ law and Majalla
title_full The Palestinian Comparative Jurisprudence and violation of the Lease Contract – A comparative study in light of the landlords and tenants’ law and Majalla
title_fullStr The Palestinian Comparative Jurisprudence and violation of the Lease Contract – A comparative study in light of the landlords and tenants’ law and Majalla
title_full_unstemmed The Palestinian Comparative Jurisprudence and violation of the Lease Contract – A comparative study in light of the landlords and tenants’ law and Majalla
title_short The Palestinian Comparative Jurisprudence and violation of the Lease Contract – A comparative study in light of the landlords and tenants’ law and Majalla
title_sort palestinian comparative jurisprudence and violation of the lease contract a comparative study in light of the landlords and tenants law and majalla
topic Violation of contract terms
Lease contract
Judicial notification
Harmful change
Eviction
Use of leasehold
url https://185.37.108.12/index.php/IRL/article/view/1939
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