الضمانات القانونية الناشئة عن العلاقة التعاقدية ( عقد المقاولة أنموذجاً)

Abstract

The legal systems adopted the contractor's guarantees in any contract, Because one of the characteristics of the law is the development and non-stalemate in the limits of the legal texts that are legislated at a certain time, Because the Contract parties are not balanced in terms of the contractors' expertise in the contract, Legislation and the judiciary tried to focus on filling the vacuum in case there was a lack of general rules in the Civil Code in order to protect the parties when concluding a contracting contract.             

      Therefore, our study dealt with the use of new means in order to enhance the traditional means that the parties rely on when concluding their contract، When faced with a scientific or technical development , we resort to linking it to the law to confront what may result from the practical problems facing contractors due to the existence of such a development.                            

        So, it is necessary to develop new means that enhance the traditional means relied on in the conclusion of the contract of contracting، because at every time of technical development, there must be a defect in information between the Centers of the parties; In some contracts, one of the contractors is supposed to have means of knowledge, and this is what always happens with the contractor of the First party to the contract, unlike the other contractor (the second party to the contract) who is unaware of the work of this contract because he is not specialized.                                                            

     Hence, there is a strong need for the intervention of the legislator in regulating its provisions in order to establish legal guarantees in the light of the Iraqi Civil Code and comparative civil laws in order to ensure the execution of the contracting contract and ensure the execution of each of the parties to the contract.