The Problems of the Contractor’s Implementation of his Contractual Obligations Under the Enforceable Palestinian Legislation and the Possible Solution: An Analytical Study of the Obligation to Complete Work and Delivery
Dr. Muayad K. Hattab & Dr. Rana N. Dawwas
Assistant Professors of Civil Law
Faculty of Law, An Najah National University
The Contractor Contract (Contract for Services) has become a pivotal and important contract 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 a clear regulation of its contractual formation, effects, and parties’ liabilities and obligations. However, the civil law in force in Palestine, which is still based on the Mejella (Journal of Judicial Rules), does not provide clear rules for 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 breaching his contractual obligations.
Therefore, this study is aimed at clarifying the contractor’s obligations relating to his duty of implementing work and delivering it, in accordance with the law in force in Palestine, in an analytical and critical method, especially regarding his obligation to complete and deliver the work, as it is the most important of the contractor’s duties. This will be relying on a special reading of the codes of the Mejella and interfacing them with other valid legislations, opinion of scholars, and the Palestinian courts’ judgments on the issue. Accordingly, the study dealt, in its first section, with the contractor’s main obligations to complete the work and deliver it, including his duty of care and his duties in relation to the tools and materials provided by the contractor, and the method, time and place of delivery. In the second section, the study considered the effect of provisions related to the contractor’s obligation to deliver the work, including, the effects of the contractor’s obligation to implement and deliver the work, including the effects of the contractor’s responsibilities to implement and deliver the work, and the compensations resulting from the contractor’s breach of those responsibilities.
In the conclusion, the study provided a number of findings and recommendations, which we consider important to be adopted in order to overcome the problems relating to the contractor’s obligations and their implications in the Palestinian legislation, most notably is the need to consider the implicit provisions of the Mejella, its legal maxim or general rules, and the jurisprudential analogy to 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 obligations.