This study has aimed to explain the guarantees related to the to pay the remuneration under
the contracting contract, and the mechanisms of enforcing the employer to implement his
obligation to pay the remuneration, in light of the Palestinian legislative reality, which is still
dependent upon the Mejella (Journal of Judicial Rules), as the Civil Law in force in Palestine.
The study attempted to find a solution to the legislative shortcoming represented in the fact that
the provisions of the Mejella devoid of a clear and explicit regulation of the provisions of the
contracting contract and the responsibilities of the parties to that contract, especially with
regard to obligating the employer to pay the remuneration and the means of compelling him to
implement such obligation, by expanding the implications of the Mejella’s codes, and the
jurisprudential analogy on them in an analytical and critical manner. It will be relying on a
special reading of the codes of the Mejella and interfacing them with other legislation in force
in Palestine, opinion of scholars and Judges, and the Palestinian courts’ judgments on the issue.
Accordingly, the study disused the effects of the employer's obligation to pay the wage,
and the means of enforcing the employer to implement his commitment to pay the
remuneration. Then the study concluded with a set of results and recommendations, which we
consider necessary to be adopted, to fill the legislative gap in Palestine, especially with regard
to the contractor’s option to retaining the work, and the expansion of the Mejella’s provisions
regarding the precluded excuse, which is synonymous with the principles of force majeure and
unforeseeable circumstances.

Title

UAEU Law Journal

Publisher

UAE University- College of Law

Publisher Country

United Arab Emirates

Publication Type

Both (Printed and Online)

Volume

--

Year

--

Pages

201-256