The Impact of the Fictitious Behavior on Other in Simulated Contract Case In the Jordanian Civil Law

Abstract

This research aims to study the topic (the impact of the fictitious behavior on other in Simulated Contract Case the Jordanian civil law). The Jordanian legislator have adopted the principle of stability of the apparent situations when dealing with the fictitious effects of third parties, such as the creditor, the private successor, and the beneficiary in the stipulation in favor of third parties who adhere to their rights derived under the provisions of the Jordanian civil law under the text of article (368) of the Jordanian civil code, where the fictitious gave the third party the option, when it was in good faith, to stick to the apparent fictitious contract if it serves his interest, provided that the contracting parties have not implemented the hidden contract. In addition to that, there is an ambiguity mentioned in the text of Article (368/1) in the phrase (...the contracting parties’ creditors), as it is considered to be a departure from the meaning of third parties in the formality, by using this phrase. To avoid this ambiguity, it would have been better for the Jordanian legislator to use the phrase “inclusion,” , i.e.,  to include everyone who has an interest, instead of the phrase "contracting contractors." In addition, the legislator had to expand the concept of third parties in a moot case and stipulate that the pre-emptor be considered a third party, so that he could adhere to the mootness in order to maintain the stability of transactions in an explicit and clear manner. This study concluded a set of results and recommendations.