التطبيقات التشريعية للحادث الطارئ في عقد المقاولة : دراسة مقارنة لحالتي عجز المقاول و إفلاس رب العمل

الملخص EN

The contractor may be unable to complete the contract after commencement its implementation, and the civil laws of several States have taken such a situation into account and arranged certain implications on it, generally represent in the possibility of terminating the contract if certain conditions are met.

One of the conclusions of this study is that the contractor return onto the employer of the value of the work and expenses or the value of the benefit to the employer as a result of these works and expenses is not based on the contractual liability, since the contract is over by the contractor's inability when certain conditions are met, and the contract, which is no longer in existence, can not be the basis for the return of the contractor onto the employer.

The contractor can not return onto the employer on the basis of tort liability, as long as the employer can not be considered as a delinquent.

Therefore the basis of return is gain without reason.

The recommendations of this study are representing in suggestions to amend some of the texts of the laws under study and adding specific texts related to the subjects of this study.