جستجوی مقالات مرتبط با کلیدواژه « Contractor » در نشریات گروه « فقه و حقوق »

FIDIC published a model contract called engineering, procurement and construction contract for infrastructure and construction industry in a silver book, which, unlike traditional contracts, includes general obligations and full responsibility for design, supply of work materials and the construction is the responsibility of the contractor and the owner has accepted the obligation to pay the contract price based on the agreement to get rid of those issues. In this way, there are contracts in the Iranian and international legal system that, due to their similarity, the need to analyze and compare them with EPC contracts is felt. This article is written with an analytical, descriptive and library method; looking at the mentioned contract in Iranian law, relying on FIDIC document, and finally comes to the conclusion that this contract, having an independent nature, has certain obligations for the contractor.

Contracting is one of the contracts that today has taken on a different legal nature due to changes in various sectors. In this matter, some of these contracts are in such a way that they are out of the category of renting to individuals and take on a special nature. The International Federation of Consulting Engineers, known as FIDIC, published a model contract called the EPC contract for infrastructure and construction industry in 1999 in an international uniform document called the Silver Book. Unlike traditional contracting, full engineering and design obligations are placed on the contractor to provide equipment and materials for work and construction, which entails a full responsibility for him. This contract, which is characterized by a fixed time and price, puts all the risks on the contractor, and to get rid of it, the employer undertakes to pay the contract price based on the agreement of the parties. In this way, there are contracts in the Iranian and international legal system that, due to their similarity, the need to analyze and compare them with the EPC contract is felt. This article, which is written with a library and analytical method, seeks a comparative study and finally comes to the conclusion that the EPC contract has differences with contracts such as BOT, Contract of Reward, design-Build, etc., and they are different from each other in legal nature.

In some cases, construction contracts are faced with contractor’s breach. Breach of the contract by the contractor has various forms, such as non-fulfillment of the obligation to construct or delay in its performance, as well as incomplete fulfillment of the obligation and non-completion of the building. But another form that is common in practice is to failure to comply with the characteristics and specifications of the contract. In the common law system, the remedy for this breach is initially damages, and different methods are used to evaluate it, such as paying the cost of cure or difference in value. In Iranian law, the remedy for breach of contract is specific performance, which has its own branches such as repair and replacement. The question is that, if specific performance requires the waste of resources, is it possible to avoid the specific performance and award damages instead? Using the analytical and inductive method, this research first examines the methods of assessing damages for non-conforming performance by the contractor in common law and then the remedy for this breach in Iranian law and tries to strengthen the possibility of paying damages instead of specific performance in some cases and to provide a standard for compensation.

Usually, instead of carrying out legal duties themselves, municipalities outsource them to contractors. The issue in such cases, is that if a third party suffers loss due to a contractor's negligence, can he demand to be compensated by the municipality? In particular, this question is raised with the assumption that in the contract between the municipality and the contractor it is stipulated that compensation for damages suffered by third parties is the responsibility of the contractor.Regarding the responsibility of the municipality to the third party, there are three views in the judicial precedent:Relying on the contract, certain courts held that the municipality is responsible. Some other courts held that the municipality is responsible only to the extent that it was involved in cauing the loss.And finally, some others have considered the municipality to be responsible for all the damages caused to the third party. However, the municipality is entitled to refer to the contractor after compensating the third party.

The purpose of the present research is to compare the provisions, effects and rulings of the termination and dismissal of the contractor, and to review and suggest the necessary solutions to modify their provisions. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. The plans and construction projects of each country can be considered as one of the indicators of the growth of excellence and economic prosperity of that group. For the implementation of projects in Iran and even the Ministry of Oil, a document called Peyman is used, which has several components. One of these components is the general terms of the contract, which is placed next to the private terms.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Previously, the guarantee of the contractor's violation was included in the set of general conditions of the contract, termination. which consequently includes special rules and works for itself. But currently, according to Article 3, Clause B, Part 6 of the Ministry's Powers and Duties Law, agreements, appendices, general conditions, private conditions of contracts for the supply of goods and construction equipment and installation in the downstream oil and gas field, guarantee of execution from termination Changed to dismissal.

Considering the increasing growth as well as the importance and position of FIDIC construction contracts in the international community, knowledge of existing laws and regulations in this area has also gained special importance. When unforeseen, unwanted, or following negligence of one of the parties to the contract occurs after special circumstances, one of the most important issues is to be aware of the conditions of responsibility and methods of compensation for damages that are somehow caused by non-implementation. obligations and other cases are correct and will play an important role in eliminating the losses that have arisen for each of the parties. Getting to know the damage compensation methods as one of the pillars of FIDIC construction contracts is a general framework that explains the limits of powers, obligations and responsibilities of the involved factors such as the employer, contractor and consulting engineer, the existence of any defects, ambiguity and contradictions in The contents of this collection will have a significant negative impact on the successful completion of the project. This research, while carefully examining one of the widely used international contracts, explains how to compensate the damages caused to the contract parties and tries to find a suitable solution to remove the damages in these contracts.

The termination of administrative contracts in Iranian and French law is one of the main ways to eliminate the effects of these contracts. In this descriptiveanalytical study, the main purpose of this study is to develop existing literature and identify relevant challenges and gaps. The main question is the differences between the systems of termination of administrative contracts in the Iranian legal system. And what is France? And secondly, what are the challenges of terminating administrative contracts in the legal system of Iran and France? There are significant differences in both the legal and the legal and procedural aspects and the extent and extent of termination of the contract in the two legal systems of Iran and France. While in the Iranian legal system, the termination of an administrative contract is justified on the basis of the principle of public interest, but in the French legal system at least two other grounds, namely the principle of continuity of public service and the principle of respect for the contractual rights of contractors, are envisaged. Similarly, while the terms of the termination of the administrative contract are generally in the general terms of the treaty, but in the French administrative legal system, it has provided for a wider range of laws, even specific laws such as the law of mines, the modalities and terms of termination of contracts. On the other hand, in the French system of termination of administrative contracts, cases such as non-compliance with human rights and the payment of bribes to the private sector by the contractor are also considered cases of termination of administrative contracts, which are silent on the termination rights of Iranian administrative contracts. is Paying compensation to the contractor in the event of termination of an administrative contract by a government employer is another point of contention for the termination of administrative contracts in France, which has received less attention in terms of termination rights in Iran.

Settlement of disputes in service contracts with regard to the economic importance of oil industry projects and the need for speed in settlement of disputes as well as the specialty of reviewing of dispute and reducing the costs of proceedings has particular importance for countries over the last few decades. FIDIC provides a unit model in service contract and launches a new institution called the “Dispute Board” in 1999 to resolve disputes. Iran’s Oil Ministry in four periods announced several instructions for resolving of disputes. The results of the comparative review of these instructions at the FIDIC Organization and the Petroleum Ministry indicates disadvantages such as the absence of Dispute Board members over the life of the project in the site, not mentioning specific dates for each process and also, failure to play the role of deterring these boards in the emergence of differences between the parties. the scope of this research is on general terms of contract in FIDIC for the settlement of disputes between contracting parties and Iranian models bugs. It should be noted that the present study has used a descriptive-analytical method.

According to Article 4 of the Constitution, it is necessary to comply modern contracts with Sharia. Design, procurement and construction contracts are some of the modern contracts, so that Article 165 of the 5th Development Plan obliges executive agencies to implement it. Since a unit in this contract performs different stages of design, purchase and construction, and the employer can use the project with a key, it is known as the turnkey and key contracts. This study investigated the contract with a jurisprudential approach.

Timely delivery of the construction project is very important. In the past, the inherent ambiguities of construction were so great that timely completion of the project was not the main element of contract. The contractor completed the project within a reasonable time after the date specified in the contract. Failure to perform a contractor's contract in due time would merely entitled the employer to compensation and not deserve to be terminated. But today time is the essence of construction projects. Timely delivery, especially based on completion time, is one of the most important legal and managerial aspects of the construction project and is a priority of the parties to the contract. When it comes to the construction of the word "delivery time", we usually think of the completion time. However, contracts contain clauses or other issues related to time, such as the "feedback period", the periods of mutual communication, the performance of the individual duties, and so on. In this paper, in addition to describing the delay and its causes, we will more pay attention to the approaches of different countries to delay in project delivery. We will also have a brief look at the rules of governing in two major legal systems regarding construction projects.

From the point of view of the traditional rules, especially the national laws, where the legal personality of the shareholders is independent of the company and as a result of the legal obligations of one of them does not affect the other, the association and cooperation of two or more specific companies can not lead to the extension and generalization of the responsibility of one of the members The group is on the other. However, arbitration rights aiming at gaining independence, seeks to exclude a group of companies without requiring the assumption of an independent legal personality as a set that affects one member's commitment to other members of the group. This can be achieved in two ways: first, by trying to extract tacit consent from non-arbitrators to the arbitration agreement; secondly, by relying on their effective role in concluding, implementing and terminating it. The basis of the first is nothing but the retelling of the old rule of contract law and the principle of its relative nature, while the second basis is the same as the contractual right to pursue.

The issue of government transactions where the government is seen as the largest public rights person and the governments entrance into deals , like private individuals, in order to develop and update its huge economic, social, cultural and infrastructure facilities by concluding contracts with contractors are among the most important executive tasks of the government. This research aims to study the necessity of institutionalized and mutually supportive government actions, including administrative contracts, in which the differences in the preconditions, the conclusion and implementation of those contracts seem to be obvious. The present research is mainly interested in practical applications and follows a non-experimental descriptive method in terms of the nature and method of collecting and analyzing data. The findings of the research revealed that the government's authority is based on legal relations, the principle of application and the unilateral decisions. In fact, administrative and executive officials make decisions about their duties and competencies, which basically do not require agreement with individuals and create rights or duties for individuals. It is expected that there would be differences between the parties to the contract; hence, identifying the causes and origins of these differences in administrative contracts in order to reduce their number eliminate these differences is suggested.

The general principle is that the damage is introduced to persons (real or legal) must be compensated by an infringer. These exceptions are not always, in some cases the responsibility of the contractor to civil liability is examples doe to others act and arising from such action contrary to this principle. In our legal theories; the contractor is responsible to compensate for damages suffered, Among these theories can be cited as blamed theory, risks, and constraints ensure the representation theory (but by adding clauses about employers and contractors) of employer and contractor. The fans are more obscure than the other theories, these theories has been taken from the western law beside of jurisprudential rules such as loss, wastage, causality, non – loss, form contractor responsibility legal and jurisprudent basics. Conjugal contract is a contract under Article 10 of the Civil Code, in Article 2 of the Swiss Civil Code and Article 6 of the French Civil Code has been adopted. Responsibility of the parties to the contract should be included in the legislation stands, have been developed in the area of contract, Therefore, this article is trying with benefiting from professors Comments with views about civil responsibility and contract and also jurists of other countries and about rules and regulations related to contract and civil responsibility law relating to the Convention on civil liability contractor general conditions related is discussed.

Despite the increasing use of the construction contract and its varieties, the legal nature of this contract is not properly explained. Analyzing the nature of this contract, different formats are suggested: agency, rent of services, purchase of services and innominate contract. The commitment that arises by the construction contract is for a physical action, and therefore is different from agency which is representation in possession; a legal action. This contract is a covenant in which two factors are inclined; specified time and guarantee for performance. Therefore it does not coincide with rent of services either. This contract is also distinguished from the sale contract, which is an ownership contract. Taking into account the Engineering Act and the National Building Regulations, would eliminate the assumption that construction contract is of innominate contracts; and it becomes clear that the construction contract is a nominate service contract.

In construction contracts، one of the analytical dimensions focuses on concurrent delays. The determination of each party''s responsibility and the mutual effects of this type of delay can be regarded as among the complicated and widely-used concepts of construction contracts; the case in which both the owner''s and the contractor''s delays independently cause delay in the critical path is different from the case in which the combined effects of both cause delays in the completion، and one cannot ignore the effects of one on the other. For this type of delay، it is not easy to determine the contribution of each factor، and it is necessary to analyze different factors influencing the delays، though some analysts believe this is impossible. In order to have a proper analysis of the effects of such delays، it is necessary to obtain the drawings، maps، data، the plant schedules، delay periods of each independent cause، and a distinct notion of critical delays as contrasted with non-critical delays. The present study tries to analyze the concurrent delays by examining the legal rules and relevant judicial procedures، and some critical and standards for determining their effects and to find out each party''s responsibility. In addition، it shows the existing challenges and relevant complexities in the way of determining the liabilities of each party.