The Extent to Which the Parties to The Tourist Trip Contract Have the Authority to Amend and Repeal Its Provisions and Waiver to Others: A Comparative Study in Bahraini, Jordanian and French Law

Abstract

This research dealt with the study of the extent of the authority of the parties to the tourist trip contract to amend, cancel its provisions or assign it to others, and the comparative analytical approach has been followed, by analyzing the texts of Bahraini law, Jordanian law and French law and then comparing them to identify the legal texts that relate to this subject and their adequacy, and this research has been divided into three sections. The first section dealt with the statement of what is the cancellation or amendment of the tourist trip contract, the second section dealt with the cancellation of the tourist trip contract or its amendment by the tourism contractor, while the third section dealt with the cancellation of the tourist trip contract or its amendment or assignment to others by the tourist. The study showed that the French legislator had regulated this issue, but the legislator in Bahrain and Jordan did not regulate the tourist trip contract and therefore it is an indefinite contract in both countries, and therefore its provisions are subject to the general rules of the law, especially the rule of the pacta sunt servanda (pacta sunt servanda) and may not be revoked or amended except by agreement of the parties, and for reasons recognized by law, such as the occurrence of an emergency circumstance justifying the amendment of the contract. The research has recommended that the Bahraini legislator and the Jordanian legislator regulate the tourist trip contract either in the civil or commercial law or an independent law, provided that this regulation includes determining the extent of the authority of the parties to the tourist trip contract to amend, cancel or assign it to others, and to benefit in this regard from the legislation of other countries that regulated the tourist trip contract, especially Decree 1229/6 of 2006 issued in France.