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Title: التفاوض وأثره القانوني في فض المنازعات الهندسية:دراسة مقارنة
Authors: وقاص عصام الدين حسين محمد احمد
Keywords: القانون - فض النزاعات
Issue Date: 2021
Publisher: جامعة إفريقيا العالمية
Citation: جامعة إفريقيا العالمية – عمادة الدراسات العليا والبحث العلمي- كلية الشريعة والقانون- قسم القانون
Abstract: This research delt with negotiation and its legal impact on resolving engineering disputes this study gains its importance from its topic related to engineering contracts which is the basic plan for the implementation of engineering construction projects. However there are many disputes that arise since the beginning of the engineering contract between its parties,for example,the dispute over the interpretation of the engineering contract and other disputes that arise during the implementation of the contract.these disputes may vary according to the stages of implementation of the contract or they vary in terms of people .the conflict may arise because of the employer or because of the consuiting engineer or contractor.these disputes may arise due to external factors such as force majeure wars ,demonstration or the deterioration of the economy,which leads to a difference in the exchange rate of the currency. There are general and direct reasons for the emergence of engineering disputes ,such as claims for financial differences and requests for a time extension for implementation ,as well as conflict of functional and non-functional interests during work and continuous differences of opinions between those in charge of the implementation of the engineering project ,and this results in delaying the implementation of the project. The emergence of these disputes prompts the parties to resort resolving and settling them through alternative means to resolve disputes such as negotiation ,as it is considered one of the first methods of resolving engineering disputes and has priority as the least expensive among other alternative means .it is also characterized by other advantages that distinguish it alone .without other alternative methods plus that negotiation is governed by some of the strategies that negotiators use to gain access to the negotiation process like the strategy of domination , subservience , and common gain. In addition to start negotiation process, one of the parties must invite the other to accept proposals and solutions to resolve the engineering dispute, and the other party has the right to accept or reject them, or to make new proposals, and One of the most important features in negotiation is that it maintains the confidentiality of engineering disputes ,as it maintains friendly relations between the parties to the conflict,which leads to the convergence of views between the parties ,which leads to reaching a solution to the conflict by issuing a final decision .agreed upon by the parties of their own will.
Appears in Collections:أطروحات الماجستير

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