Review of non-liability arising from work accidents in contracting contracts in the light of legal proceedings

Document Type : Original Article

Authors

1 professor

2 student

10.48308/jlr.2020.184028.1377

Abstract

The employer, in the contract with the contractor, the general make him responsible for compensation of all losses caused by work-related accidents. This issue is not only common in those conventions, but also in some regulations, such as the general conditions of the treaty. However, judicial and legal doctrine does not have a single position on the transfer of responsibility in this regard. Some, by referring to the principle of the relative validity of the contracts, waiving have no cause, be imperative of the rules of liability and its inextricable link with the public order, especially in cases where the incident arising from work in the field of criminal law, and the protection of the rights of the accident occurred, the parties agree The transfer of responsibility is considered to be ineffective and the employer's responsibility is subject to the rules of fault. However, according to others, this agreement is effective for reasons such as the principle of freedom of contract, the principle of the ability to assign a contract to third parties, the analogy with the “aqele and zaman jarire”, and removes the responsibility of the employer. In judging between these two points, one can consider the second view in conformity with the principles of the law and respect for the will of the individuals, by referring to the practical facts of the contracts, by prioritizing and avoiding multiple litigation in the courts.

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History

  • Receive Date: 28 May 2019
  • Revise Date: 10 October 2019
  • Accept Date: 15 February 2020

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