الدعوى المباشرة لمقاول البناء من الباطن تجاه رب العمل : دراسة مقارنة

Abstract EN

The direct lawsuit is an important means for the subcontractor to maintain his general guarantee, as according to it, he has the right to claim the employer for the right he has in the custody of the original contractor, in his name and for his account without representation or mediation.

It is a lawsuit decided according to a specific and specific legal provision, according to which the building subcontractor grants the right to advance and preference over the other creditors of the original contractor, and then it protects the subcontractor from the employer's claim to defenses against him.

Despite all this, the Yemeni legislator has neglected to organize this lawsuit, with a special provision in the Yemeni civil law.

In preparing this research, it relied on the comparative analytical descriptive approach.

The research plan was divided into two sections, which dealt in the first section with the content of the direct lawsuit of the sub-construction contractor, and in the second section dealt with the effects of the direct lawsuit of the subcontractor, and we ended with the conclusion of the research.