Cases of Delay in the Performance of Contractual Obligations under the Jordanian Civil Code and the Moroccan Code of Obligations and Contracts

Abstract

Delay in the performance of contractual obligations is a fundamental issue in contract law due to its implications for contractual liability, legal certainty, and the principle of good faith. Despite its importance, comparative studies examining both debtor delay and creditor delay within Arab civil law systems remain limited. This study comparatively analyzes the legal framework governing delay under the Jordanian Civil Code and the Moroccan Code of Obligations and Contracts, focusing on the circumstances giving rise to delay, the role of notice, and the legal consequences of delayed performance. The study adopts a doctrinal comparative methodology based on descriptive, analytical, critical, and comparative approaches, drawing upon legislative provisions, judicial decisions, and legal scholarship. The findings reveal that both legal systems treat delay as a form of unjustified non-performance aimed at protecting contractual stability and legitimate expectations. However, they differ in the procedural requirements for establishing delay, particularly regarding the role of notice. The analysis further demonstrates that both systems recognize creditor delay as an independent legal institution arising from unjustified refusal, silence, absence, or failure to cooperate in performance. The study contributes to comparative contract law by providing an integrated analysis of debtor and creditor delay within two influential Arab civil law systems. It highlights the central role of good faith in regulating delayed performance and offers insights for enhancing legal certainty, judicial consistency, and legislative reform in the law of contractual obligations.