This study has aimed to explain the guarantees related to the to pay the remuneration under the contracting contract, and the mechanisms of enforcing the employer to implement his obligation to pay the remuneration, in light of the Palestinian legislative reality, which is still dependent upon the Mejella (Journal of Judicial Rules), as the Civil Law in force in Palestine. The study attempted to find a solution to the legislative shortcoming represented in the fact that the provisions of the Mejella devoid of a clear and explicit regulation of the provisions of the contracting contract and the responsibilities of the parties to that contract, especially with regard to obligating the employer to pay the remuneration and the means of compelling him to implement such obligation, by expanding the implications of the Mejella’s codes, and the jurisprudential analogy on them in an analytical and critical manner. It will be relying on a special reading of the codes of the Mejella and interfacing them with other legislation in force in Palestine, opinion of scholars and Judges, and the Palestinian courts’ judgments on the issue.

Accordingly, the study disused the effects of the employer's obligation to pay the wage, and the means of enforcing the employer to implement his commitment to pay the remuneration. Then the study concluded with a set of results and recommendations, which we consider necessary to be adopted, to fill the legislative gap in Palestine, especially with regard to the contractor’s option to retaining the work, and the expansion of the Mejella’s provisions regarding the precluded excuse, which is synonymous with the principles of force majeure and unforeseeable circumstances.

Title

Journal of Sharia and Law

Publisher

the UAE University

Publisher Country

United Arab Emirates

Publication Type

Both (Printed and Online)

Volume

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Year

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Pages

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