Journal of college of Law for Legal and Political Sciences

Abstract

Summary

The Jordanian civil law, among other Arab laws, had treated the judicial warning, which is supposed to be addressed judicially customary or oral, whether by the creator or the debtor. The Arab commercial laws don’t recognize the judicial warning by such schema; they use the term protestation, and they give it particular regulations and significant division to apply, such regulations can’t be found in the civil judicial warning. The problematic to treat in this study is to answer the following question: can we admit to submit the protestation to the civil regulations usually applied on the judicial warning? If no, then we should distinguish between the two different terms, if yes, then the civil regulations should be applied on the commercial protestation.
We answer this question on two chapters, the first one try to define the protestation; the second treat its practical and legal interests regarding the Jordanian law. Two recommendations were mentioned in this study: the first one is to adopt a model regulation to be applied on the protestation, and the second one assures that there is no need for the legislator intervention to apply the pretended model regulation.