Khaberni - The law does not protect the negligent: debunking the saying "the law does not protect fools" in light of Jordanian civil law
Introduction
The saying "the law does not protect fools" has become widespread among people, transitioning from TV dramas into popular consciousness as a legal fact. However, this saying has no basis in legislative texts, but rather contradicts the explicit provisions of Jordanian civil law, which is designed to protect the weak, the deceived, or those under a legal disability. It would be more accurate to say: "the law does not protect the negligent," meaning those who are lax in exercising their rights or neglect their duties.
First: Protection of those under legal disability and the gullible
The Jordanian legislator did not leave the "fool" or "naive" to the harshness of dealings, but explicitly legislated legal disability for those known for their weak discernment or naivety:
Article (127) Civil: considered minors, the insane, and the imbecile to be under legal disability by themselves, whereas the prodigal and the gullible are subject to legal disability by court decision to protect them.
Article (129) Civil: applies the provisions for discerning minors to the transactions of the gullibly disabled or prodigals, invalidating their transactions if they are the result of exploitation or collusion.
This confirms that the law protects even those categorically referred to as "fools".
Second: Protection from deception and exploitation
Deception is a prominent form of trickery faced by the simple contract maker:
Article (143) Civil defined deception as fraudulent methods that induce the contract maker to consent to what they would not have otherwise accepted.
Article (144) Civil expanded the concept by considering deliberate silence about a fundamental fact as deception.
Article (145) Civil grants the party harmed by deception with gross exploitation the right to terminate the contract.
Indeed, the legislator intensified protection even if the exploitation affected the property of the legally disabled or the terminally ill (Article 147).
Third: Exploitation without deception and mistake
Even in the absence of deception, the law protects certain groups from gross exploitation:
Article (149) Civil authorized the cancellation of the contract if gross exploitation occurred in the property of the legally disabled, endowment property, or state assets.
Article (151) Civil considered a mistake a reason for invalidating the contract if it pertains to its formulation, circumstances, or customs.
Article (152) explicitly states the invalidity of a contract if the mistake affects its nature or a condition of its conclusion.
Fourth: When does the law not protect?
The law does not protect those who are negligent in their rights or lax in exercising them. If the harmed party does not exercise their right of termination or annulment within the legal deadlines, then their right is forfeited. And this is the correct meaning: the law does not protect the negligent, not the fools.
Fifth: The law does not protect the negligent – necessity of proof and precaution
A common form of negligence is when a person laxly documents their right, lending money or engaging in financial transactions without a contract, check, promissory note, or any written voucher. In such cases, one cannot blame the law if they fail to prove their right, because the law does not protect negligence in proof.
The law distinguishes between:
One who is deceived despite taking precautions (whom it protects under the provisions of deception and exploitation).
And one who is negligent in their rights by leaving them without evidence, thus becoming vulnerable to exploitation and falling prey to greedy fraudsters.
Thus, one who is lax in obtaining written proof is considered to have neglected their own rights, and the law does not protect the negligent.
Conclusion, gentlemen
A study of Jordanian civil law texts reveals that the law has strong protections for the gullible and those deceived, so that they are not victims of exploitation or deception. Therefore, the popular saying is but a mistaken impression, and it is accurate to say: the law does protect fools, but it does not protect the negligent.
