المسئولية اللاØقة على تسليم البناء. ( الضمان العشري) | ||
| L' Egypte Contemporaine | ||
| Article 4, Volume 115, Issue 556 - Serial Number 4, October 2024, Pages 229-264 PDF (760.87 K) | ||
| Document Type: Original Article | ||
| DOI: 10.21608/espesl.2024.325503.1119 | ||
| Author | ||
| هديل طه غلوش* | ||
| مدرس القانون المدنى كلية الØقوق - جامعة السادات | ||
| Abstract | ||
| The building and construction industry has gained its importance from being the locomotive of development in a broad sector of economic activities, and the recovery of this industry is a good indication of the positive movement of the international and national economy. However, after completing the project and handing it over to the employer, the building may be completely or partially demolished, or some defects in the building may be discovered that negatively affect its safety and durability, which makes the council powerless not to take measures to resolve this dispute, which is not considered in the agreement guarantees. That is why the Egyptian legislator at the national level found that he needed to develop some legal guarantees that guarantee the safety of construction, especially the guarantee of responsibility subsequent to the delivery of the project, and this is what is the subject of our research. The original contractor may not claim the ten-year guarantee claim against the sub-contractor, as they are considered technically equal, which does not call for the need to resort to exceptional liability. Rather, they are referred in accordance with the general rules. And the ten-year guarantee is considered part of the public order, and therefore it is not permissible to agree to cancel or reduce it, and this liability is applied even if it is not stipulated in the contract, and this is the desire of the legislator to protect public safety, therefore nullifies any agreement to exempt from the guarantee or Limiting it. | ||
| Keywords | ||
| Building; construction; Agreement; Ten-years guarantee | ||
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