Judgment of civil liability resulting from the defective implementation of the contracting contract a comparative study

Abstract

The rule of defective execution of the contracting contract is represented in the beginning with the implementation in kind. Whenever this implementation is possible, the employer can demand the contractor for it and oblige him to perform the work according to the conditions that were conducted between them.  In addition, it must not cause fatigue  to the contractor on the one hand, and if it is overburdened, then abandoning it should not cause serious harm to the employer on the other hand.  But if these conditions are not met, the employer may not demand the implementation in kind. But he has the right to demand execution in return for any compensation. This compensation is either a monetary compensation which is the original. Or it is a compensation in kind. As for the latter, either it was in the form of restoring the situation to what it was before the contractor by answering the same. Or in the form of doing an action.  Finally, the employer may demand the termination of the contract if he does not find in the previous two ways feasible for him to remain.