Legislative Exceptions on Civil Responsibility Provisions

Abstract

Objectives: These legislative exceptions on civil responsibility provisions are considered a legal stratagem. The term legal stratagem will be used in this article to refer the legislative exceptions on the civil responsibility provisions. The present article is based on the scientific observation of a number of legal theories and their provisions which I believe they are nothing, but a stratagem created by legal regulation violating another legal provisions such as civil responsibility provisions or the binding force of the contract without being provided as an exception over the principle. The concept of stratagem that I am going to discuss is different from fraud, and it does not breach the principle of bad faith. It represents a legal rule that stands by itself, but its provisions break legal principles without being considered an exception to public principle. I found that legal stratagem is a result of legal heritage and a backlog of legal work over all the stages of human life. Before humanity reached the legislation as a source of rule of law, there were various sources and different stages of life in time and place, such as custom and others. Hence, dealings between individuals in society settled on some legal ideas or what could be called legal axes. As a result of this stability, these ideas and axes remained there and moved to legal texts. Despite the progress and development of other responsibility theories and the search for explanations of binding force of the contract in some legal schools, especially the Latin School. In this research, I will present my scientific opinion regarding some legal theories, which I believe they are nothing but a legal stratagem to a question created by legal thought as a legal solution. I will discuss this in both Jordanian and French civil laws in the area of contractual relations.   Method: The present research is based on a descriptive and analytical approach to the texts between the Jordanian Civil Code and the French Civil Code. In addition to study these texts in depth, to relate between the various legal aspects.   Result: We may not find a legal interpretation consistent with the provisions and general rules of the legislation, such hand money that allow contractors not to comply with the binding force of the contract or with the provisions of civil liability. Legal perception is still contradictory to the one issue like the concept of single person's company that does not establish neither partnership nor the concept of limitation that leads to the debtor's clearance of patrimony for the mere passage of time.   Conclusion: We are not faced with a lack of, a contradiction to or a legislative ambiguity. We are faced with images in which we go beyond legislative perception in accordance with the general rules of law, whether in the area of binding force of contracts, civil responsibility or financial responsibility.