العلاقات القانونية الناشئة عن عقد المقاولة من الباطن : دراسة في العلاقة بين المقاول الأصلي و المقاول من الباطن

الملخص EN

Subcontracting is the basis for three legal relationships: the first is between the main contractor and the subcontract, the second is the relationship between the main contractor and employer, while the third relationship is between the employer and the subcontractor.

With respect to the relationship between the main contractor and the subcontractor, an examination of the mutual obligations between the parties in needed.

The subcontract is obliged to complete and submit the work, ensure its safety, in addition to his obligation to advise and guide the main contractor.

On the other hand, the main contractor shall pay the agreeable amount, and shall enable the subcontractor to complete and deliver the work.

As for the relationship between the main contractor and the employer, this paper provides an examination to specific legal principles.

One of these principles is with regard to the main contractor’s liability, as existence of a subcontractor does not exempt the main contractor from his liability before the employer.

Thus, the main contractor remains responsible for the subcontractor’s work.

Meanwhile, the employer may enter his claims against the subcontractor on the basis of assignment, indirect action, or direct action as stated in the labor law.