Rehabilitation of contracting with a ten-year guarantee | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 9, Volume 11, Issue 1, April 2021, Pages 265-312 PDF (1.38 M) | ||
| DOI: 10.37651/aujlps.2022.171499 | ||
| Author | ||
| DR. AHMED ABDEL AMIR KAZEM HUSSEIN JIBRIN | ||
| AL-IMAM AL-KADHIM COLLEGE OF ISLAMIC SCIENCES UNIVERSITY / DEPARTMENTS OF NAJAF ALASHRA | ||
| Abstract | ||
| Building and construction works are complex works that require scientific qualifications and technical expertise, so the legislature created the ten-year guarantee with the aim of protecting people and obliging the constructor to bear responsibility in the event that the building is demolished or a defect appears in it, and there must be a contracting contract between the constructor and the employer, and he bears The constructor is a construction guarantee of ten years from receiving the building and guaranteeing it from defects that appear in it, Also, the builder may not be obligated to compensate the employer in several cases, such as: force majeure, third party error, and other such cases. The builder cannot evade responsibility. This guarantee renews the personal sphere in several responsible persons represented by the architect and the contractor, in addition to mentioning the beneficiaries, such as the employer and his public and private successors. That the compensation be monetary in the event that the employer refuses to rebuild what he has committed to.Whereas, this study will be based on advancing the acceleration of activating the decimal system through strengthening and strengthening the legal texts that the Iraqi legislature should pay attention to, especially as we are going to find out most of the remnants of the works of the constructed establishments that do not include their protections through this system and seek to legally strengthen the role of this protection Sound. | ||
| Keywords | ||
| Ten-year guarantee; facility protection; project strengthening; building rehabilitation | ||
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