التعويض عن الضرر الناجم في المقاولات فيما يخص الضمان العشري في القانون الأردني Compensation for Damage Caused by Contracting in Respect the Ten-Year Warranty in Jordanian Law | ||||
| المجلة الدولية للعلوم القانونية و المعلوماتية | ||||
| Volume 1, Issue 1, July 2018, Page 62-80 PDF (327.7 K) | ||||
| Document Type: المقالة الأصلية | ||||
| DOI: 10.21608/ijslc.2018.201031 | ||||
 View on SCiNiTO | ||||
| Authors | ||||
| Hazeim Salem Mohammad Alshawabkeh1; Mohanad Ahmad Mahmoud Sanouri2 | ||||
| 1Applied Sciences University - Kingdom of Bahrain. | ||||
| 2Applied Sciences University - Kingdom of Bahrain | ||||
| Abstract | ||||
| This research tackled the responsibility of the contractor and the engineer for the durability of the building after it was completed and handed over to the employer. The importance of this subject has been revealed in several ways, such as protecting the employer who is not expert in building matters from the defects that may occur on construction after completion and delivery, the importance of this issue also appears to be in preserving the public interest in the maintenance of the buildings and fixed structures. The Jordanian legislator has set out the special liability provisions for the contractor and the engineer in civil law articles (788,789,790). It has been noted that the Jordanian legislator has made the responsibility for the contractor and the architect who sets the architectural design only. Thus, the legislator has limited the scope of the special responsibility and limited it to the contractor and the architect, although the architectural process alternates more than the engineer of different disciplines, and these are associated with the employer contract contract was to involve them in private responsibility to protect the interests of the employer and public interests. It is worth mentioning that the civil engineer has a major role in the process of implementation and supervision of the work, and therefore it is necessary to amend the text (788/1) Jordanian civilian to expand the scope of special responsibility to include all the engineers engaged in the process of construction. Therefore, the study was divided into two sections. The first dealt with the scope of the ten-year guarantee in the construction contract in terms of the persons responsible and the duration thereof, while the second dealt with the claim of guarantee and proof. | ||||
| Keywords | ||||
| Guarantee of a decimal; contractor; engineer; building; Jordanian civil law | ||||
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