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...
| Main Author: | |
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| Format: | Article |
| Language: | Arabic |
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Qatar University Press
2021-07-01
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| Series: | International Review of Law |
| Subjects: | |
| Online Access: | https://journals.qu.edu.qa/index.php/IRL/article/view/1939 |
| _version_ | 1819290332859203584 |
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| author | Ibrahim Khalid Yahya |
| author_facet | Ibrahim Khalid Yahya |
| author_sort | Ibrahim Khalid Yahya |
| 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 |
| first_indexed | 2024-12-24T03:21:04Z |
| format | Article |
| id | doaj.art-296f1ae6759e41a68fddab051cc4b1bf |
| institution | Directory Open Access Journal |
| issn | 2710-2505 2223-859X |
| language | Arabic |
| last_indexed | 2024-12-24T03:21:04Z |
| publishDate | 2021-07-01 |
| publisher | Qatar University Press |
| record_format | Article |
| series | International Review of Law |
| spelling | doaj.art-296f1ae6759e41a68fddab051cc4b1bf2022-12-21T17:17:30ZaraQatar 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 MajallaIbrahim Khalid YahyaThe 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://journals.qu.edu.qa/index.php/IRL/article/view/1939Violation of contract termsLease contractJudicial notificationHarmful changeEvictionUse of leasehold |
| spellingShingle | Ibrahim Khalid Yahya 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://journals.qu.edu.qa/index.php/IRL/article/view/1939 |
| work_keys_str_mv | AT ibrahimkhalidyahya thepalestiniancomparativejurisprudenceandviolationoftheleasecontractacomparativestudyinlightofthelandlordsandtenantslawandmajalla AT ibrahimkhalidyahya palestiniancomparativejurisprudenceandviolationoftheleasecontractacomparativestudyinlightofthelandlordsandtenantslawandmajalla |