Judicial Assistance in Expressing Will in Accordance with Jordanian Legislation

ABSTRACT

In this legal research, we have dealt with legal assistance for persons with double physical impairments (Deaf, Dumb, Blind) and people with severe physical disabilities who cannot express their will properly on their own. The importance of this topic has emerged to me in many aspects including protecting the interests and helping people with a double disability (Deaf, Dumb, Blind) or severely physically impaired because of their inability to express their will. The importance of this issue seems to be the possibility of envisaging an increase in the number of people with double impairment or severe physical impairment due to numerous accidents and wars. In this regard, we investigated the subject of the will and the ways to express it due to its direct relationship to the subject of the research, which is the study of the circumstances of the judicial assistance report. Two cases appeared to us, namely, suffering from a double disability and suffering from a severe physical disability, due to which it is impossible to express the will. After that, we studied the legal nature of each of the cases of judicial assistance, and it became apparent to us that simply suffering from a double disability or a severe physical disability is not considered a symptom of eligibility and is not considered an obstacle to it, because if the person with a double disability or a severe physical disability is able to express his will to take any action His behavior was correct because it came from a person with full competence and awareness. It has become apparent to us that suffering from a double disability and a severe physical disability, due to which it is impossible to express ones will, is considered an impediment to eligibility, because this injury does not affect the mind or the mind, and this is what is understood from what Jordanian legislation stated, granting the court permissible authority to decide on judicial assistance, since if the circumstances were helpful Judicial assistance is considered a symptom of eligibility. The legislator should have stipulated that judicial assistance must be evaluated and a judicial assistant be appointed.

FULL TEXT