Legal Description of the Contract (Time Partnership):

A Comparative Study

Abstract

Jurists differed between supporters and opponents regarding the legal description of the time partnership contract. Some of them see it as a right granted to the beneficiary under the time partnership contract, while others see it as a partnership contract. However, the owner of the residence right is considered a party to this partnership contract. At the same time, the legal concept of the partnership applies to the named contracts, and the general elements of contracts must be present in it: consent, the annulment, the reason, in addition to the intention to participate. The researcher discussed in some detail the most important characteristics of the sale contract, where he focused on its importance and its inclusion in most laws, and in which the seller is obligated to transfer ownership of the sold item in addition to its immediacy. The researcher concluded in this study that there is no agreement among jurists regarding determining the legal description of this contract, after conducting several comparisons with several other similar contracts and with some laws that were similar to it in description, name, and adaptation with Libyan law by studying the decision of the General People's Committee for Tourism, which made it clear that it is considered a sale contract in some cases, and a contract that arranges a right of benefit in other places.