الوكالة من الباطن في الفقه الإسلامي، و القانون العراقي

Abstract EN

Although there are no contractual relations between the employer and the subcontractor, the law of 1975 (article VI, first paragraph) allows the subcontractor to accept from the employer who has agreed to the terms of payment, provided that he is required to pay him directly the consequences of the original contractor, to the extent that the contractor owes the subcontractor if the original contractor suffers from a disability, and as is the case with all direct lawsuits, this lawsuit undertakes a guarantee like all guarantees and raises a conflict with the guarantees provided by the original contractor on his debt against the employer.

the law is not respected always, although it is forbidden to abandon it (article 12, first paragraph), especially when it comes to the construction of individual housing, because the original contractors do not provide their subcontractors to customers, so the subcontractors are considered deprived (abstract) of direct action against the employer and direct payment direct action by the employer.

the employer can act responsibly against the subcontractor.

the first civil chamber of the court of cassation decided that this responsibility is contractual, while the civil chamber denied the third is due to the absence of a contractual relationship between one and the other.

on its part, the association decided in favor of the last solution, refusing to apply to the lawsuit the liability of the employer, and the fall of the right due to the lapse of the decimal term that regulates the contractual responsibility of the creators.

* many contractors are obligated to carry out the same work, so each one is directly related to the employer, and this does not preclude the existence of an institution representing the other participating contractors in their relations with the employer, and on the contrary, the sub contractor is assisted by the original contractor who has no any contractual relations with the employer, and in some cases these are combined with a company of persons, for example, the economic interest combines, and it can be a company in fact.

third parties, and when there is no company, the partner contractors are considered to be jointly obligated to the employer, even though they do not do the same business and in the absence of that, the courts announce and decide that they are joint.

now some contracts exclude solidarity, and liability between partner contractors is considered tort.

information between partner contractors when the work reflects consistency and coordination between several contractors, one must give information to the other when the information is useful for the correct implementation of the work Succession institutions (companies) when a certain work is entrusted successively to several contractors, each one of them is not considered responsible except to the extent of his own fact (that is, by his own act), except for the condition of solidarity and the problem that will arise related to construction institutions.