The Contractor Contract (Contract for Services) has become pivotal and important contracts which parties rely upon in their financial and commercial dealings. Accordingly, most modern legislations have regulated this type of contract under its Civil Act to provide clear regulation on its contractual formation, effects, and parties’ liability and obligation. However, the civil law in force in Palestine, which is still based on the Mecelle (Journal of Judicial Rules), does not provide clear rules to the Contractor Contract, especially when considering the parties’ liability or obligation arising from this contract.

 As a result of the absence of an independent and integrated regulation of the contractor’s obligations, there have been many questioning and conflicting opinions about the duties of the contractor, the nature of his duty of care, and the effects of his contractual breach.

Therefore, this study is aimed at clarifying the contractor’s obligations according to the law in force in Palestine in an analytical and critical method, especially with regard to his obligation to complete and deliver the work, as it is the most important duties of the contractor. It will be relying on a special reading of the codes of the Mecelle and interfacing them with other valid legislation, and different opinion of scholars and the Palestinian courts’ judgment on the issue.

Accordingly, the study dealt, in its first section, with the contractor's obligation to complete the work, including his duty of care, the tools and materials provided by the contractor, and the effects of any fault or defect found in those materials.

In the second section, the study considered the provisions related to the contractor’s obligation to deliver the work, including the method, time and place of delivery, and the effects of the contractor’s breach of that commitment.

In the conclusion, the study provided a number of findings and recommendations, which we consider important to be adopt in order to overcome the problems related to the contractor’s obligations and their implications in the Palestinian legislation, most notably is the need to consider the implicit provisions of the Mecelle, its legal maxim or general rules, and the jurisprudential analogy on them, as well as applying the texts contained in the Consumer Protection Law, in line with modern legislation and the development of the contracting contract in contemporary reality.

 

Keywords: Contract for Services, Contractual Liability, Duty of Care, Delivery of Work, Breach of Commitment

Title

مجلة الكويت العالمية

Publisher

مجلة الكويت العالمية

Publisher Country

Kuwait

Indexing

Scopus

Impact Factor

2.0

Publication Type

Prtinted only

Volume

2

Year

10

Pages

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