Provisions of the right of Store Rent in Jordanian Legislation

Abstract

We clarifiy of the provisions of the store’s lease right in Jordanian legislation, and the importance of this element to the store and its commercial reputation, especially when it relates to customers in the minds of the store’s location, and waiving this right in the event of legal actions on the store, and I have conducted a comparative study with some Arab legislation that organized Lease right of the shop.

     The problem of the study lies in the event that a certain legal action is taken by the owner of the store, the law does not allow him to waive the right of rent to others, if the owner of the store is a tenant of the property in which the store is located, and this contradicts the text of Article (38) of the Jordanian Trade Law, which considers it one of the elements of the store, and Article (39) of the Jordanian Trade Law referred to reference to the civil law and the law of owners and tenants, and these laws do not fit the legal nature of the store

        We need to develop a legal regulation for the store that regulates the sale, rent and mortgage of the store, as well as amending the Jordanian Trade Law by putting a special legal regulation for the store that allows the waiver of the right of rent, or amending the Landlords and Tenants Law to distinguish between rent for housing and commercial rent, Allowing the right of rent to be transferred to others by balancing the right of the store owner and the landlord to place certain guarantees for the landlord that allow the waiver of the rental right to others.