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文章基本信息

  • 标题:The Palestinian Comparative Jurisprudence and violation of the Lease Contract – A comparative study in light of the landlords and tenants’ law and Majalla
  • 本地全文:下载
  • 作者:Ibrahim Khalid Yahya
  • 期刊名称:International Review of Law
  • 印刷版ISSN:2223-859X
  • 出版年度:2021
  • 卷号:10
  • 期号:1
  • 语种:Arabic
  • 出版社:Hamad bin Khalifa University Press
  • 摘要: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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