THE LEGAL STATUS OF THE SUBCONTRACTOR IN THE FIELD OF THE CONTRACTUAL GROUP
Keywords:
Subcontractor, contract group, legal status, tort liabilityAbstract
Under the contracting contract, the business contracts with a project worker to promise the last option to play out a specific work towards the first, however the worker for hire might allot this work to someone else to finish it or add to it, and subsequently the primary worker for hire contracts with the second worker for hire with another agreement whose gatherings are the principal worker for hire who recently contracted with The business, and the second project worker who is a (subcontractor), so we have two agreements, the first contracting contract, which is the main agreement between the principal project worker and the business, and a subcontracting contract between the primary project worker and the subsequent worker for hire (the subcontractor), and as per a relative standard The impact of the agreement, the sub-worker for hire is viewed as an outsider for the principal contract, so the sub-project worker can't request the business in his name to carry out his commitments forced on him by the main (unique) contracting contract. The issue of this examination lies in changing the legitimate status of the subcontractor, from being unique about the primary agreement (the first contracting contract) to someone else who plays a part in the execution of this agreement, even though he didn't take part in its decision, and that the chance of the subcontractor's intercession is conceivable based on The possibility of the nodal bunch that depends on the unit of the spot of agreements, that is, it depends on a progression of agreements wherein those agreements are supplanted by one, and along these lines the situation of the subcontractor changes from being a change from the agreement to a supporter of its execution, that is, he plays a part in the execution period of the agreement regardless of being He didn't add to its decision.
References
Ahmed Abdel-Al Abu Qurain, General Provisions of the Contracting Contract, 1st Edition, Dar Abu Al-Majd for Printing, Al-Haram, 2002-2003.
Ahmed Abdel-Aal Abu Qurain, The Legal Center for Those Involved in the Execution of Contracting Contracts, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo, 2001.
Ahmed Abdel-Al Abu Qurain, Dr Ahmed Abdel-Al Abu Qurain, General Provisions of the Contracting Contract, 1st Edition, Dar Abu Al-Majd for Printing, Al-Haram, 2002-2003.
Osama Muhammad Taha Ibrahim, The General Theory of Batin Contracts, 1st Edition, Dar Al-Nahda Al-Arabiya, 2008.
Ashraf Abdel Azim Abdel Qader, The Legal Nature of the Relationship Between the Employer and the Subcontractor, PhD Thesis, Faculty of Law, Ain Shams University, 2007.
Jacques Gaston, The Extended French Law, Effects of the Contract, 1st Edition, Translated by Mansour Al-Qadi, Glory of the University Foundation for Studies, Publishing and Distribution, Beirut, 2000.
Jacques Mister, Emmanuel Putman, and Mark Beau, extended in civil law, private insurance law, translated by Mansour Al-Qadi, 1st edition, Majd University Foundation for Studies, Publishing and Distribution, Beirut, 2009.
Jaafar Muhammad Jawad Al-Fadhli, Al-Wajeez in Civil Contracts, Al-Thaqafa Library for Publishing and Distribution, Amman, 1997.
Saeed Mubarak, Dr Taha Al-Mulla Howish, Dr Sahib Obaid Al-Fatlawi, a summary of the named contracts, in selling, renting and contracting, 4th edition, Al-Atak Book Industry, Cairo, 2009.
Sabri Hamad Khater, The Others on the Contract: A Study in the General Theory of Commitment, Edition 1, Dar Al Thaqafa for Publishing and Distribution, Amman, 2001.
Abd al-Razzaq al-Sanhouri, a mediator in explaining the new civil law, part 7, commitment theory in general, contracts received on work, contracting, agency, deposit and guarding, 3rd edition, Al-Halabi Human Rights Publications, Beirut, 2009.
Abdel Moneim Farag Al-Sada, Sources of Obligation, Dar Al-Nahda Al-Arabi, Cairo, 1986.
Adnan Ibrahim Al-Sarhan, d. Nouri Hamad Khater, Explanation of Civil Law, Sources of Personal Rights (Obligations) A Comparative Study, House of Culture for Publishing and Distribution, Amman, 2009.
Ali Ahmed Hassan Al-Lhaibi, Dr Hamid Latif Nassif, Subcontracting, Sabah Press, Baghdad, 2012.
Faisal Ali, The Principle of Authenticity of the Contract, Comparative Study, 1st Edition, The Arabian Gulf for Publishing and Distribution, Manama, 2013.
Muhammad Al-Manji, Initial Sale Contract, updated edition, Manshaat Al-Maaref, Alexandria, 2004.
Muhammad Hussein Abdel-Aal, The Contractor’s Responsibility towards Others in the Framework of Behavioral Groups, Dar Al-Nahda Al-Arabiya, Cairo, 2006.
Muhammad Sharif Ahmed, Sources of Compliance in Civil Law, A Comparative Study of Islamic Jurisprudence, 1st Edition, Dar Al Thaqafa Library for Publishing and Distribution, Amman, 1999.
Muhammad Labib Shanab, Explanation of the Provisions of the Contracting Contract, 2nd Edition, Manshaat Al-Maaref, Egypt, 2004.
Muhammad Muhyi al-Din Ibrahim Salim, Scope of the Relativity Principle of Contract Effect, University Press, 2007.
Yassin Muhammad Al-Jubouri, Al-Wajeez in Explanation of the Jordanian Civil Law, Volume 1, Edition 1, Dar Al-Taqwa for Publishing and Distribution, Amman, 2008.
Fakhr Al-Din Al-Husseini, Contracting in the Iraqi Civil Law, 1st Edition, Al-Nahda Library, Baghdad, 1984.
Qais Jabbar Mustafa, Subcontracting and its Applications in Some Civil Contracts, Master Thesis, College of Law, Al-Mustansiriya University, 2008.
Nibras Dhaher Jabr Al-Ziyadi, Rights of Others Associated with the Contract (a comparative study) PhD thesis submitted to the College of Law, University of Karbala, 2015.
Mahmoud Abdel Hai Bisar, Legal Problems of the Principle of Relativity of Contract Effect, PhD thesis, Faculty of Law, Ain Shams University, 2009.
Hadeel Saad Ahmed, Subcontracting Contracting in Building Contracting and Fixed Facilities (Comparative Study), Master's Thesis, College of Law, Al-Mustansiriya University, 2007.
Hana Khairy Ahmed Khalifa, Civil Responsibility within the Doctrine Family, PhD thesis, Faculty of Law, Ain Shams University, 1995.
Soun Coal Abdul Karim, the tenant’s obligations in the financial lease, research published in the Journal of the College of Law for Legal and Political Sciences, Kirkuk University, issue 3, volume 1, 2012.
Naglaa Tawfiq Najib Falih, Legal Aspects of the Financial Lease A Comparative Study, Research published in the Journal of Resala Law, College of Law, University of Karbala, Volume One, Issue One, 2009.
Iraqi Civil Law No. 40 of 1951.
Law No. (75-1334) issued on December 31, 1975, relating to the organization of the idea of sub-contracting in France, published in the Official Gazette (j.o) on 3/1/1976.
Dallose, French Civil Code of 1804 in Arabic, 108th edition, 2012.
General terms of contracting for civil engineering works, for the year 2005.
Ngai, Pun, and Lu Huilin. "A culture of violence: The labor subcontracting system and collective action by construction workers in post-socialist China." The China Journal 64 (2010): 143-158.
Clough, Richard H., et al. Construction contracting: A practical guide to company management. John Wiley & Sons, 2015.
Amirkhanyan, Anna A., Hyun Joon Kim, and Kristina T. Lambright. "Putting the pieces together: A comprehensive framework for understanding the decision to contract out and contractor performance." International Journal of Public Administration 30.6-7 (2007): 699-725.
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