انتفاء المسؤولية العشرية للمقاول والمهندس المعماري بفعل رب العمل

Abstract EN

Decimal liability is a default responsibility for the contractor or either for the architect by the strength of the law They can not disengage or decline unless proving the foreign cause (the force majeure, the sudden incident, the fault of the employer, the error of others), since the contractor and the architect in the Algerian legislation are committed to achieving a result.

The employer's fault occupies an important space for the release of the contractor's responsibility and the architect because of his recurrence in practice.

It demolishes the cause-and-effect relationship between the entrepreneur's fault or the architect and the damage suffered by the employer in the presence of confusion with the construction or destroyed, and therefore does not undertake to ensure the poor work at work before receiving or after.

On all this, this study aims to clarify the intervention of the act of employment so that a foreign cause can be considered as exempt the decimal responsibility, the effects of the established decimal guarantee.