Civil Law and Civil Procedure
Civil Law and Civil Procedure tests whether a candidate can identify the governing civil code and move a claim from demand to appeal. Palestine applies different civil-law sources: the West Bank uses the Jordanian Civil Law No. 43 of 1976, Gaza follows the Egyptian civil-law tradition, and both are read with Ottoman residues, Palestinian statutes and Sharia principles where no code governs.
Core rules
- A contract needs offer, acceptance, capacity, a lawful object and cause. Defects in consent, such as duress or fraud, permit rescission.
- Tort liability requires damage, fault and causal link; unjust enrichment requires enrichment without legal cause.
- Procedure turns on subject-matter and territorial jurisdiction, proper service, a pleaded claim, burden of proof, expert evidence and appeal deadlines.
Worked example
A sells B a generator. B later finds a hidden defect and sues. B must prove the contract, the defect and timely notice. Under the Jordanian Civil Law the buyer may seek rescission or a price reduction, plus damages if the seller knew or was at fault. A court will not award both rescission and full damages for the same loss. If B pleads only breach without identifying the defect and notice, the claim risks dismissal.
Traps
Do not cite a Gaza rule as West Bank law. Do not ignore limitation periods. Service defects can void judgment. A statement of claim that omits the legal basis or the requested remedy loses marks.