Rules of Patient’s Sale during Death-Illness in the Jordanian Civil Code

Abstract

The present research aims to study the topic of (Rules of Patient’s Sale During Death-Illness in the Jordanian Civil Code), which is one of the important topics that needs further research and did not attain the sufficient due diligence in the civil law literature.

The dispositions of this illness are also very important; as death-illness is an illness which most likely results in the death of the person with that health situation dies within a year.  However, should the period of illness extend to over a year without any intensification on the ill person’s health situation, the said person’s dispositions are considered correct.  Even though he is ill, because the disease is not then considered a disease of death.  If a person is surrounded by risk factors of death, and the likelihood of the illness resulting in death, then that person might be considered in death-illness.  Death is considered a reason for the succession of the creditors and heirs in the inheritance of the patient after his death.  Because with death, a person loses his capacity to own property, and his natural personality ends, but his legal personality extends metaphorically until his debts are paid.  In addition, the purpose of linking the rights of creditors to the patient's inheritance is for the repayment of debts.  As for the purpose of the heirs, it is to achieve their succession in two-thirds of the patient’s inheritance after the payment of debts.  I have discussed this subject in detail clearly.  This study included a set of results and recommendations.