عنوان المقال عربي
ضمان الإنجاز في عقد المقاولة دراسة مقارنة
Abstract
The principle is that the contract expires between its parties to implement the obligations arising from it, with the exception of the contracting contract, which kept the contractor and the architect as a guarantor for the damages or defects that occur after handing over the work to the employer until the end of the guarantee period, The relationship that binds the contractor to the employer does not end with the end of the planned construction, but extends beyond that. This relationship remains governed by the guarantees that the contractor binds to the employer, among which is the guarantee of complete completion, It is one of the guarantees created by the French legislator under Law No. (12) of 1978 in Article (1792/6) of the French Civil Code, and it is one of the guarantees whereby the contractor is obligated within a year to fix every defect that appears in the constructed building after the work is completed and delivered to the employer This is in order to provide as much protection as possible to the rights of employers against the risks of professional negligence that has recently spread in the construction sector, hence the urgent need for a legislative intervention by the Iraqi legislator to provide for the guarantee of complete completion in addition to the ten-year guarantee similar to what was introduced by the French legislator to confront technical and technical development in the building and construction processes and to protect the employer from the professionals who intervene in construction work.
Keywords
completion.construction. processes
Recommended Citation
Al-Kufi, Safaa Makki and Al-Ghaban, Aqeel Mohammed Musa
(2025)
"Guarantee of completion in the contracting contract A comparative study,"
Uruk for Humanities: Vol. 14:
Iss.
2, Article 43.
Available at:
https://muthuruk.mu.edu.iq/journal/vol14/iss2/43
