The Rationalizations for Legal Regulation of Business Reputation in the Jordanian Legislation

Abstract

This study focus on the meaning of the term (business reputation) due to its significance as being one of the intangible elements of stores.  It sheds a light on this topic due to the economic value of business reputation, especially in the light of the vagueness of the meaning of this reputation and the absence of a detailed legislations regulating this reputation. The problem of this study is represented in the following questions: (Did the Jordanian legislator issued legislations regulating the business reputation? To what extent does the practical reality need having such legislations?) To answer those questions, this study sheds a light on the meaning of the term (business reputation) and its characteristics and nature from one hand. From another hand, it discusses the significance of this reputation and the justifications for having a need to protect it. It sheds a light on the relationship between the business reputation and the shop profit. The researcher adopts the comparative descriptive analytical approach where needed. For instance, he analyzed the legal texts and practical problematic issues that might be related to the business reputation.

 The study concludes with several results. Notably, it was found that the Jordanian legislator didn’t issue legislations regulating the business reputation which is one of the elements of shops.  However, there are numerous justifications that force the Jordanian legislator to reconsider the issuance of legislations regulating the business reputation.  The Jordanian legislator didn’t issue such legislations despite the great significance of this reputation for shops. In fact, such reputation affects the profits and value of shops. It is also valuable and important for the consumer. Based on the things discussed by the researcher, there are numerous actual and realistic justifications for protecting the business reputation. Such justifications include: achieving justice, protecting the national economy, having modern technological developments, and the prevalence of e-commerce and the use of internet. The researcher recommends reconsidering the issuance of legislations regulating the issues related to shops and the transfer of their ownership by the Jordanian legislator. He also recommends issuing legislations regulating the business reputation by the Jordanian legislator due to being one of the elements of stores. The same was suggested by the Jordanian Court of Cassation in its discretionary decisions. That is because some Arab legislators - such as: the Egyptian and Emirati legislators - issued legislations earlier to regulate the business reputation. Thus, the researcher recommends adopting the same approach that was adopted by those Arab legislators in this regard. He recommends modifying article (38/2) of the Jordanian Trade Law to become as follows: (A shop includes a set of tangible and intangible elements. The business reputation must be one of those elements. As for the other elements, they differ depending on the case…)