Palestine Legal Resources - Legal Advice Middle East

Is a remedy whereby a court orders a change in a written document to reflect what ought to have been said in the first place. It is an equitable remedy, which means that the circumstances where it can be applied are limited.

Abandonment

The act of giving up something voluntarily with the intention of not reclaiming it. For example, vacating a property without the intention of returning. The term includes both the external act and the intention to carry it into effect. There can be no abandonment without the intention to abandon.

Guarantee

A formal promise by one party (the guarantor or surety) to another party (the creditor) to accept responsibility of a third party’s (the principal debtor) debt, if that third party cannot or refuses to pay it.

Adjourn

To postpone action of a convened court until another time specified, or indefinitely, the latter usually being called to adjourn sine die.

Easement

A non-possessory right to use and/or enter onto the property of another without possessing it. They include a right of way (a path or road over private land which people are legally allowed to use), a right to light or a right to a flow of water. The land against which the easement or privilege exists is called the servient tenement, and the land to which it is annexed is the dominant tenement, and their owners are called respectively the servient and dominant owners.

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Null and void

Having no legal force or binding effect; unable in law to support the purpose for which it was intended. If a contract is null and void from the beginning because it seriously offends the law or public policy it is said to be void ab initio.

Evidence

Any matter of fact that a party to a claim or action offers to provide to prove or disprove an issue in the case. The strongest type of evidence is that which provides direct proof of the truth of an assertion. At the other extreme is evidence that is merely consistent with an assertion but does not rule out other, contradictory assertions, and may be viewed as circumstantial evidence.

Notary public

A public officer constituted by law to serve the public in non-contentious matters. A notary’s main function is to attest and certify, by his/her hand and official seal, certain classes of documents, in order to give them authenticity in government authorities, foreign jurisdictions, etc.

Leaseback

Refers to an arrangement where a party sells an asset and immediately leases it back on a long term basis, thereby continuing to use the asset without any longer owning it. The arrangement usually applies to real property as well as for durable and capital goods such as aeroplanes and trains.

Money laundering

The crime of hiding, disguising or moving money obtained from criminal activities to make it look like the money has been obtained legally.

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Incorporeal hereditament

Property that can be passed on to another person following the death of the owner, but which do not exist physically. They include patent rights, rental income from land, hereditary titles, pensions and annuities.

Force majeure

A common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties such as war, strike, riot, crime, or an event known as an act of God (such as a hurricane, flooding, earthquake, volcanic eruption etc.), prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not exclude a party’s non-performance entirely, but only suspends it for the duration of the force majeure event.

إيجار

قيمة مالية يسددها المتنفع بشيء لمالكه مقابل الانتفاع به لمدة متفق عليها.

Usufruct

The right to use and derive profit from a piece of real property belonging to another, provided the property itself remains undiminished and undamaged in any way. There is no transfer of legal title and a usufruct can be granted for the holder’s lifetime or a shorter term.

عقار

ملك له أصل ثابت لا يتحرك كالأراضي والمباني والأشجار.

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