أثر الخيارات و الظروف الطارئة في عقد استصناع الأبنية : دراسة فقهية تحليلية

الملخص EN

The current study included revelation of the concept of buildings manufacturing, in addition to the concept and legitimacy of each option of seeing, defect, condition and emergency circumstances from the jurisprudence point of view, and the effect of these options and circumstances on the building manufacturing contract in terms of whether the contract is binding or not, it can be terminated or not, the possibility of amending its items and considering the extent of fittings of these options and emergency circumstances in preserving the right of both parties of the contract.

The researcher adopted the deductive, analytical, and inductive methods in this study.

He found many results, the most prominent ones were the buildings manufacturing contract at the completion of building making in the right of the maker isn’t binding until after seeing and satisfaction with what the manufacturer has made.

The contract must be binding on both parties if it was compatible with the conditions and specifications.

The concept of defect in the buildings manufacturing contract isn’t restricted to everything reduced value and price, but it exceeded to manufacturer’s violence to specifications have been set by the one who asked for the manufacturing, and in terms there was a defect in the contract, he has the right to reduce price or return the manufacture’s work and demand the rebuilding or rebuilding the defecting part and requirement of the appropriate period with the nature of building such as constructing and others by using the option of the condition and it isn’t restricted to three days.

The two parties of the contract have the right to demand the amendment of the items of the contract or terminate it in the case of what is included under emergency circumstances The study made one recommendation represented in urging the relevant authorities to include these options with their effects in the items of building manufacturing contracts, in addition to everything that has relation with emergency circumstances in this field since they have a role in reduction the effects of conflicts in case they occur between the two parties of the contract.