Predetermined Reimbursement in Civil Law Comparative Study

This study deals with a very important topic at the economic level in general. Predetermined reimbursement refers to previous agreement on the assessment of the required reimbursement incurred due to default of either party of his liabilities according to the contract. Predetermined reimbursement plays a vital role characterizing the contracts with obligatory qualities that help in their execution. In addition, it decreases disputes that may erupt as a result of damages and the volume of incurred reimbursement. Therefore, it prevents the necessity to recourse to arbitration and assessment whether by the judge himself or through seeking assistance of experts. In this way, it is possible to save time, costs, efforts, and money of both the contracting parties and the judicial authorities. This study plays an important role at the Palestinian legal level since it deals with the predetermined reimbursement in the proposed Palestinian civil law in contrastive analysis with the legal systems in both Jordan and Egypt. This study aims at investigating the legal value of predetermined reimbursement. It is essential to recognize the concept of the predetermined reimbursement and the conditions of its realization, in addition to the range of its application, and its discrimination of similar legal situations. Assistance of Jordanian and Egyptian jurisprudence and judicial systems will be sought to reach a clear vision of the legal effects that come up from the predetermined reimbursement and to determine its legal nature. These outcomes are extremely important at not only the commercial, economical and investment levels but also the legal advantages of those who work in both the legal professions and the economical investments. Consequently, this study is demonstrated in a preface and four chapters. In the study's preface, the study investigates the development of the predetermined reimbursement idea in various legal systems. Chapter 1 deals with the general regulations and principles of predetermined reimbursement through two parts: Part 1 deals with the concept of predetermined reimbursement which is divided into two sections: Section1 aims at recognizing the predetermined reimbursement, and its terms in various systems. Section 2 deals with the importance of predetermined reimbursement. Part 2 investigates the characteristics of predetermined reimbursement which is also divided into two sections: Section 1 deals with the quality of the contract. Section 2 deals with the quality of subordinate. Chapter 2 investigates the conditions of realizing the predetermined reimbursement and its application range, divided into two parts. Part 1 deals with the conditions of realizing the predetermined reimbursement which is in turn divided into two sections: Section 1 deals with the general terms of the verdict of the predetermined reimbursement including errors, damages and causal relationship. Section2 deals with excuses presented from the indebted to the debtor. Part 2 deals with the application range of the predetermined reimbursement which is also divided into two sections: Section 1 deals with application of the predetermined reimbursement within the range of the contract. Section 2 deals with the application of the predetermined reimbursement within the damaging act. Chapter 3 deals with the issue of selection and combination of material execution and predetermined reimbursement in addition to its discrimination from similar legal situations. Chapter 3 is also divided into two parts: Part 1 is dedicated to the issue of selection and combination between material execution and predetermined reimbursement which is in turn divided into two sections: Section1 is dedicated to the issue of selection between material execution and predetermined reimbursement. Section 2 is dedicated to the issue of combination between material execution and predetermined reimbursement. Part 2 deals with the discrimination of the predetermined reimbursement according to similar legal situations. This part is divided into five sections: Section 1 deals with the discrimination between the predetermined reimbursement and down payment. Section 2 deals with the discrimination between the predetermined reimbursement and peace-making. Section 3 deals with the discrimination between the predetermined reimbursement and material threat. Section 4 deals with the discrimination between the predetermined reimbursement and substitution commitment. Section 5 deals with the discrimination between the predetermined reimbursement and optional commitment. Chapter 4 deals with the effects of the predetermined reimbursement and to what extent its regulations are related to the general system. This chapter is divided into two parts: Part 1 deals with the judge's authority in modifying the predetermined reimbursement which is divided into two sections: Section 1 deals with the judge's authority in assigning the predetermined reimbursement. Section 2 deals with the judge's authority in increasing the predetermined reimbursement. Part 2 deals with the regulations of the predetermined reimbursement and general system which is divided into two sections: Section 1 deals with the issue of the general system. Section 2 deals with the regulations of the predetermined reimbursement and general system since the methodology of the legislator regarding this issue is a peculiar methodology in itself since the majority of laws permitted the contractors to agree upon the amount of reimbursement at the beginning of the contract and to make additions later on. This means that the legislator does not consider that the predetermined reimbursement does not contradict the regulations of the general system. However, the regulations of related to the predetermined reimbursement have violated the principle that they have adopted since they allow the judge to assign or increase the predetermined reimbursement if the amount of predetermined reimbursement is not proportional to the incurred damage, and they considered the judge's authority a part of the general system and that the predetermined reimbursement must not violate it.