الاستحالة وأثرها القانوني في تنفيذ العقود الهندسية

Abstract

The research about the discussion of impossibility and its legal impact on the implementation of engineering contracts, as signing engineering contracts is one of the most common contracts at the present time, in proportion to what the world needs today in achieving the time, effort and money the maximum benefit possible in the highest quality and approximating distances, and this is what we find clear Achieving urban and technological development and growth of what the world has reached, and one of the most important recommendations in the engineering contract for the parties to it before signing it is to identify the legal effects resulting from the engineering contract in all respects, either by stipulating it in the terms of the contract or the law to be applied in the contract in question. So that each party is not surprised when the impossibility produces its legal effects on the parties to the engineering contract, and they also have to know the cases that lead to the impossibility of implementing the engineering contract well and the difference between them until determining the time of the accident, whether that is before the signing of the contractual commitment or after or during it Universities and legal offices should provide engineering contract books due to the scarcity of books and references therein, as well as teaching this subject in administrative and engineering colleges and from The findings of the researcher that the impossibility to implement engineering contracts are types and those recognized by the FIDICs, which are absolute, relative, partial, as well as temporary, and whoever provokes them are endowment by suspending the work and then resuming it again, in the event that the impossibility is only a temporary impossibility. Some of them are final by terminating the work in the engineering contract while exempting the debtor from contractual liability. It also has the implications for the owner to return to the contractor the performance guarantee and pay his dues and profits and compensate him for the losses he incurred or profit while he was trying to implement the contract subject to the obligation as well as the cost of deporting the contractor’s employees and workers who were He has used them to carry out the works sporadically when the contract is terminated, and he must also that the engineering contracts issued by the FIDIC are model contracts that have no absolute legitimacy unless the will of the parties so decides.