Aspects of Restitution in the Context of Injurious Act

The study examines the principles of restitution under Jordanian law from various aspects, with a primary focus on restitution within the context of tortious liability. Restitution is an underlying commitment under contractual liability where the debtor is obliged to perform what he committed to perform under the law, which will achieve the creditor’s satisfaction. Restitution under tortious liability is no less critical than other compensation, as it results in restoring the position of the injured party to what it was before the damage was caused, and achieves the satisfaction of the injured party, who will be compensated with the same type of thing that was damaged. This study purports to clarify the perspective of Jordanian law that does not address restitution in the context of tortious liability. It provides a critical analysis of the relevant provisions regarding restitution outlined in the Jordanian Civil Code (JCC) and other applicable legislation that addresses restitution in the context of tortious liability. The paper concludes with findings accompanied by a series of recommendations designed to address the identified gaps in Jordanian regulations.