A Comparative Study of Ten-Year Liability of Fixed Structures in French, Egyptian, Iranian, and Afghan Laws

Seyed Hassan Shobeiri (Zanjani), Abdul Hussein Rasouli


The construction of non-standard fixed structures and their deterioration after construction, which causes human and financial losses, is a challenging issue. Preventing the construction of non-standard structures and their adverse consequences requires the serious attention of builders, managers, judges, and lawyers. The ten-year responsibility of fixed structure builders, in this paper, has been studied with a comparative view and with the aim of determining an appropriate and comprehensive solution. It shows that the laws of the studied countries, except Iran, hold the constructors of a fixed structure liable for any general, partial, failure, subsidence and defect that threatens the health and strength of the structure after performing and submitting it for up to ten years, whether damaged or the defect is caused by the ground of the construction site or the defective construction is done with the consent of the employer.


Ten-Year Liability; Contractor; Engineer and Contractor; Fixed Structure; Builders; Compensation

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Azarnoosh, Azartash, Contemporary Arabic-Persian Culture, Ch 7, Tehran, Ney Publishing, 2006.

Anvari, Farhang Bozorg Sokhan, vol. 7, ch. 1, Tehran, Sokhan Publications, 2002.

Baqer Niaei Hemmati, Mahrokh "Civil Liability of a Building Supervising Engineer", Quarterly Journal of Legal Thinkers, Fourth Year, Ninth Issue, 2016.

Khorsandian, Mohammad Ali, "The distinction between contract work and sale", Quarterly Journal of Teacher of Humanities, No. 34, 2004.

Darabpour, Mehrab, "Civil Liability for Damage to Property, Structures, and Structures (Comparative Research with British Law)", Journal of Legal Research, No. 44, 2006.

Davami, Parviz, Khodabakhsh Pir Kalani, Maryam, "What is engineering and who is an engineer", Iranian Engineering Educational Quarterly, Twelfth Year, No. 45, Spring 2010.

Dehghani, Rana, and Gorgin Karaji, Arash, "Factors Affecting Building Lifespan in Iran: Challenges and Solutions", First National Conference on the Future of Engineering and Technology, Tehran, 2016https: //civilica.com/doc/626876

World Economy newspaper, 14/10/1594, news number: 987975.

Salimi, Mohammad Mehdi, "Civil and Contractual Liability of a Building Supervising Engineer", Journal of Law and Judicial Sciences, No. 20, 2016.

Forouhi, Morteza, "Contractor's Responsibility in Contracting Contracts According to the General Conditions of the Contract", Master Thesis, Supervisor: Dr. Seyed Ali Alavi Qazvini, Faculty of Law, Farabi University, 2009.

Kabir Saber, Mohammad Baqer, "The semantics of the word" structure "in the discourse of contemporary Iranian architecture" Quarterly Journal of Persian Stylistics and Poetry (Spring of Literature), 8th year, first issue, 2015.

Katozian, Nasser, Basic Civil Law Course, Lessons from Certain Contracts, Ch 2, Tehran, Ganj-e-Danesh Library, 1999.

Karimi Tazehkand, Shahram et al., "Basis and Limits of Contractor Civil Liability", Journal of Legal Research, No. 32, 2017.

Moin, Mohammad, Farhang-e Farsi, vol. 2, ch. 9, Tehran, Amir Kabir Publications, 1996.

B) Arabic

Ibrahim Antar Fathi Al-Hayani and Amer Ashour Abdullah, “The scope of the special guarantee in the contracting contract”, Journal of the College of Law for Legal and Political Sciences, University of Tikrit and Kirkuk, without Shamara, n.d.

Al-Odun, Samir Abdel-Samie Suleiman, Legal Responsibility of the Consulting and Executive Engineer and Building Contractor, Alexandria, Publisher: Mansha’at Al-Maaref, n.d.

Bakr, Ismat Abdel Majid, Tort Responsibility in Arab Civil Laws, Part 1, Beirut, Zain Human Rights Publications, 2016.

Dnouni Hajira, Belmokhtar Souad, Civil Responsibility of the Architect and Building Contractor, Payan Nameh Karshnassi Arshad Law, University of Abu Bakr Belkaid - Tlemcen - Faculty of Law, Algeria, Defense of Shedda Dar Sall 2009 AD.

Al-Douri, Muhammad Jaber, Responsibility of the Contractor and the Engineer in Building Contracting and Fixed Structuresۀ after completing the work and handing it over, a comparative study, Baghdad, Printing Press, and Ishtar Offset - Al-Bab Al Sharqi, 1985 AD.

Al-Sarhan, Adnan Ibrahim, Explanation of Civil Law Contracts Names Contracting - Agency - Guarantee, Part 1, Amman, Dar Al-Thaqafa for Publishing and Distribution, 2009 AD.

Samira, Al-Meir, Civil Architectural Responsibility, A Comparative Study, Doctor’s Message, Dr. Rashta, Private Law, Al-Jilani Yabis University, Sidi Bel-Abbes, Faculty of Law, Algeria, PITA.

Al-Sanhoury, Abdul Razzaq Ahmed, The mediator in explaining the new civil law, part 7, Beirut, Al-Halabi Human Rights Publications, 2000 AD.

Shanab, Muhammad Labib, Explanation of the Provisions of the Contracting Contract, Volume 1, Dar Al-Nahda Al-Arabiya, 1962.

Al-Shahwan, Hashem Ali (2009). Civil Liability of the Consulting Engineer in Construction Contracts, Amman, Dar Al Thaqafa for Publishing and Distribution, Chap.

Samara, Adel Abdel Aziz Abdel Hamid, The Responsibility of the Contractor and the Engineer for Ensuring the Durability of Building in the Jordanian Civil Law “Comparative Study”, Bayan Nameh Karshnasy Arshad, Dar Al-Najah National University in Nablus, Palestine, 9/13/2007 AD.

Rima, Abbas, Persons Responsible for the Ten-Year Warranty in Algerian Law, Bayan Nameh Karshnassi Arshad, Akli Mohand Olhaj University - Bouira Faculty of Law and Political Sciences, Algeria, 3/7/2013 AD.

Ajil, Kazem Tariq, the mediator in the contracting contract, part 1, Beirut, Al-Sanhoury Library, 2016.

Farahidi, Khalil, The Book of Al-Ain, Part 4, Part 2, Qom, Hejrat Publishing, 1410 AH.

Bouhammar, Kamal, The Decimal Guarantee, Payan Nameh Karshnassi Arshad, Dar Al-Arabi Ibn M’hidi University - Umm El Bouaghi - Faculty of Law and Political Sciences, Department of Law, Algeria, 2014.

Lafta, Fadel Jubeir, “The Tenth Guarantee, in Public Works Contracts,” Al-Qadisiyah Journal of Law and Political Science, Second Edition, Volume Four, Iraq, 2011.

- Muhammad Shukri Sorour, Responsibility of Building Engineers and Contractors and Other Fixed Establishments, A Comparative Study in Egyptian Civil Law and French Civil Law, Cairo, Dar Al-Fikr Al-Arabi, 1985 AD.

- Muhammad Kamel Morsi, Explanation of the New Civil Law, Named Contracts, Part 2, International Press, 1952 AD.

Zaidi, Madouri, Responsibility of the Contractor and Architect in Algerian Law, Payan Nameh Karshnassi Arshad, Mouloud Maamri University - Tizi Ouzou - Faculty of Law and Political Sciences, Doctorate School of Legal and Political Sciences, n.d.

Mark, Suleiman, Al-Wafi in explaining the civil law in the obligations in the harmful act and civil responsibility, part 1, part 5, Beja, Publisher: Zain Law Library, 1992 AD.

Marouche, Massoud, Scope of Application of the Provisions of the Decimal Security Under Algerian and French Law (Comparative Study), Doctoral Thesis in Private Law, University of Algiers (1) Faculty of Law, 2014 AD.

- Manso, Muhammad Hussein, Architectural Responsibility, Alexandria, New University House, 2003 AD.

Yaqout, Muhammad Naji, the responsibility of the architects after completing the works and receiving them accepted by the employer, Alexandria, The emergence of knowledge, n.d.

C) Latin

civil code France 1978- 2005- 2008.

The new provisions of the civil Code France created by Ordonnance no 2016-131 of 10 February 2016.

French Insurance Code 6 August 2015.

D) Documents and laws

Proof of Egypt Act of 1968.

Egyptian Civil Code adopted in 1948.

Civil Code of Afghanistan approved in 1976.

Civil Code of Iran approved in 1307 solar.

E) sites

www. B.B.C.

DOI: http://dx.doi.org/10.18415/ijmmu.v9i5.3746


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