Description of Construction Contract and its Legal Effects

Document Type : Original Article

Authors

1 . Ph.D Candidate, Faculty of Administrative Sciences & Economics, University of Isfahan, Isfahan, Iran

2 Associate Professor, Faculty of Administrative Sciences & Economics, University of Isfahan, Isfahan, Iran. Corresponding Author Email: yazdanian_alireza@ase.ui.ac.ir

3 Associate Professor, Faculty of Administrative Sciences & Economics, University of Isfahan, Isfahan, Iran.

10.29252/jlr.2022.224648.2044

Abstract

Construction contract is one of the most widely used contracts that its effects on the economic relations are undeniable. But the definition, types, legal description and its qualifications as well as its results are accompanied by ambiguity and disagreement. Achieving the legal description of construction contract will terminate many legal defects and disputes caused by the silence of the contract but the legal description without determining charictristics of its different types will not cause disputes termination and is not satisfactory. The construction contract kinds are contracts without the obligation to supply materials, contracts containing the obligation to supply materials as the subject matter and contracts entailing the obligation to supply materials in order to fulfill the subject matter. Construction contract is similar to three contracts including sale, lease and construction order contract. Although the similarities of jurisprudential construction order contract with construction contract that makes the contractor responsible for the subject of the contract are undeniable, this contract only covers a specific kind of construction contracts and does not encompass other kinds of those contracts with the subject matter of a project plan designing. Due to the impossibility of adapting this contract to other types of construction contract, the lease contract is the only specific contract that besides being specified in the law and having clear legal effects consequently, it covers all kinds of construction contracts and as a result may provide solutions for legal deficenties.

Keywords

Main Subjects

References

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History

  • Receive Date: 21 November 2021
  • Revise Date: 25 May 2022
  • Accept Date: 08 June 2022

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