Bashar Adnan Mustafa Malkawi
Article 538 of the Jordanian Civil Code stipulates special provisions in the sale of salam, representing it as when a buyer takes advantage of a farmer's need, the buyer may ask the court to amend prices and eliminate unfair conditions. At the same time, the buyer is left with the option of not accepting the amendment as deemed appropriate by the court and of recovering the real price that it had handed over to the seller, and the latter could then sell his/her crop to whomever he/she wished. The provisions of this text show us that there is a breach of the principle of binding force of contract and of the obligation of judicial decision. This research based on the question of whether the Jordanian legislative authority has squandered the principle of binding force of the contract and the obligation judicial decision, or is there another purpose realized by the text?