The Representative's Contract with Oneself: The Concept and Provisions in the Jordanian Civil Code

 JOURNAL OF LAW AND POLICAL SCIENES(JLPS)/Vol(40)issue(1)-2024

Abstract

This research paper elucidates the legal provisions for the representative's contract with oneself and the concept and provisions in the Jordanian Civil Code by clarifying the concept of representation in general and the concept of representative contracting in particular. The legal system relating to this contract is also explained to identify the legal effect resulting from the representatives contract with oneself, leading to demonstrating the legal relationships arising from this contract. The descriptive and analytical research approach is used to achieve the research objectives. The results indicate that a contract between a person and oneself is considered a special type of legal action, where a person takes charge of both parties to the legal relationship and expresses two wills in the role of offeror and acceptor under the contract or law. The results also show that Jordanian legislator decides to prohibit a person from contracting with oneself in Article (115), expanding the exception to the point of making the exception a rule and the rule an exception.

Keywords: Contract, legal action, principal, representative