2 research outputs found
Provisions of Delegation to other lawyers in a Litigation: Analytical Study in Accordance to the Jordanian law
Letter rogatory occurs when a lawyer delegates another lawyer, in a specified case and by a written letter signed by him, to perform legal tasks and duties assigned to him by means of his agency, on his responsibility, and in accordance with the conditions stipulated in the agency agreement.
Under article 44/2 of the Jordanian bar association law,and article 63/4 of Civil Procedure law .the lawyer has the right to delegate one of the other lawyers, even when his agency agreement includes no stipulation that permit such delegation as long as such agency agreement is absent from any provision that prevents the lawyer from making letter rogatory, by delegating some or all of his duties under the agency agreement.
When such prevention exists in the agency agreement then the lawyer is not allowed to make letter rogatory. One of the most important conditions to consider for a valid letter of rogatory is to be made when strict necessity requires only, so that the lawyer\u27s right to make letter rogatory is not made absolute and restricted by the delegating lawyer. Letter rogatory right is restricted to lawyers since the subject matter of the delegated tasks is a soliciting task, thus, letter rogatory can only be done by lawyers and no lawyer can delegate another to perform his assigned tasks unless he himself is an admitted lawyer, provided that legal transactions that can be subject to such letter of reogatory is restricted by tasks the lawyer can perform under his own agency agreemen
The provisions of the evacuation and the recovery of the leased property at the Expiration of the contract in the Jordanian Law of owners and tenants: An Analytical and Applied Study
In the Jordanian Law of Owners and Tenants, the Jordanian legislator has specified the provisions of the evacuation and the recovery of the leased property at the expiration of the contract. As such, there have been specific procedures to be followed if the owners are to recover their leased property at the expiration of the contract. The judge of the specialized court is the one to look at the urgent cases. This judge can be exempted from looking at the emergency causes when considering the application. This is the case in view of the fact that the legislator has already referred the case to the judge in a particular text stating the emergency cause. The study concludes that the provisions of evacuation and recovery of the leased property based on an urgency and on the purpose of not inflicting harm on the ones who are entitled to their right as ordained by the legislator of urgency cases are unsuitable. Also, the study concludes that it is necessary to draft a legal procedure that makes the tenant evacuate the leased property at the expiration of the contract immediately and upon taking the case to the court and not through urgent judicature. We concluded to the inadequacy and insufflsance of provisions vacating and repossession of the leased asset with the nature of summary proceedings court, Which based on urgency and non-discussion The subject of the dispute, and the need to develop a special legal regulation for vacating and repossession The leased asset in case of expiration of the term of the contract, based on the speed of deciding this Case through special provisions and within the scope of the lawsuit objectivity and not through summary procedings court