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العنوان
التأمين الإجباري من المسئولية المدنية للمهندسين والمقاولين عن حوادث البناء :
المؤلف
الطويل, إبراهيم عبده حواش.
هيئة الاعداد
باحث / إبراهيم عبده حواش الطويل
مشرف / محمد السعيد رشدي
مشرف / محمد محيي الدين إبراهيم سليم
مشرف / محمد محمد محمد أبو زيد
الموضوع
القانون المدنى.
تاريخ النشر
2014.
عدد الصفحات
560 ص. :
اللغة
العربية
الدرجة
الدكتوراه
التخصص
Multidisciplinary
تاريخ الإجازة
1/1/2014
مكان الإجازة
جامعة بنها - كلية الحقوق - القانون المدنى
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 565

from 565

المستخلص

Increasing on man’s requirements and consistent over population led to the great expansion in the field of construction .Buildings and structures with its all different shapes and sizes have been set up. Like houses, hotels, factories, bridges, and towers etc…Technology accessibly involved in these projects. Thus, it has played an important role in achieving these projects in quick terms though there are performance crosses between them.
Performance quickness rather may manifest a lot of dangerous incidents that may induce looses of souls and money as a result of building collapse partially or fully. It may happen as a result of safety defects after turn key works to the principal .following the importance of the study of insurance must be concerned by both the engineer and the contractor regarding the dangerous resulting from buildings collapsing whether to the owner or to the harmless .
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ملخص الرسالة
Reasons of handling the subject:
1-Architectural task has got many sides as it has got many partners, human being or materialistic .There is a design factor beside the natural, fundamental supplies .This factor is presented in architect engineer, executive factor by contractor .Technicians, labors and subcontractors share in the task .This intervention between all these personnel led to the difficulty of performance, sometimes may lead to the problem of determining of liability. Alike how to determine the person who is responsible for the Task defects .It is also difficult to discover exactly the phase in which the error happened whether from the engineer or from the contractor or the building owner.
Construction legislation started to have a significant position in modern law systems, specifically comparative positive legislations that organizes building operations by the architectural planning through applicable quality control and safety rules. On the other hand there are some firm rules to be
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ملخص الرسالة
confirmed to urge the persons concerned with architect to be precise and be well done to protect who are benefited from building projects.
2-Failure in building industry and desire to gain more money is the correct interpretation for many incidents in housing field. Man’s safety may be in danger rather than their money. Buildings are symbols of stability, thus all of its defects subsequently may harm his safety.
3- Buildings collapsing incidents after delivering to its owners paid a great interest to the engineer and contractor liabilities as they are persons of direct charge for buildings tasks .Thus the legislator launched his provisions to protect the buildings owners as they haven’t got a full acknowledgement by the fundamentality of architect.
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ملخص الرسالة
4- Defects that harm the building safety do not appear to the principal when delivering the task later after many years. So the legislator has come with firm laws to restrain a group engineers and contractors and move them away from double dealing through the obligatory insurance against incidents.
In comparison to the French and Algerian laws, I had to handle the subject and reveal the similarity and difference between the Arabic laws in order to see the advancement of the French law in some of its sides .The study was divided into standby chapter and two sections.
In the stand by section I handled : born of the idea of insurance ,is historical development ,characteristics ,availability of obligatory insurance referring to the Islamic legislation .I reached the point that it is contract of newly invented contracts which has got its qualities and discovered that that all professors should give a legislative position according to the logical policies with
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ملخص الرسالة
reference to people cultures ,social ,economical circumstances ,specifically that the co-operative insurance does not satisfy to repair the harms.
In the first chapter I handled: the field of applying the obligatory insurance through four sections:
In the first section
Insurance is a law liability and it has got four themes then I reached that is the engineer and the contractor liabilities by the aim of protecting the public society that refuses to find a person in charge without a compensation as a penalty by obligating him to be submitted to obligatory insurance when there is a harm done.
In the second section
The personal area for obligatory insurance whether for the benefited persons or the obliged persons .I reached to the point that the Egyptian law foresees that the French law can not be avoided from liability
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ملخص الرسالة
starting from the contractor ,seller, passing by the engineer and office of technical control.
In the third section
Area of applying the obligatory insurance referring harms through 3 researches I listed a paper task for the Egyptian, the French ,and the Algerian laws .then I obtained that the engineer and the contractor liabilities directed to certain point not including all the harms of architect ,but the dangerous harms that may cause the partial and full collapse for the building and makes it useless.
In the fourth section
Area of applying the obligatory insurance referring harms through 4 researches
Defined the task delivering ,its natural law ,period of insurance in the Egyptian, the French ,and the Algerian laws .I reached that law must be executed on both engineer and the contractor (Decimal guarantee)
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ملخص الرسالة
In the second chapter showed the judges and acts of litigation in obligatory insurance through four sections:
In the first chapter
Obligations of both the insured and insurer through 2 researches. First obligation of the insured like installments fees ,performing the task according to technical qualities ,danger terms .
2nd research obligation to the maximum sum of insurance.
In the second chapter
The relation between insurer and the person in charge for the harm by 5 researches first about the solutions concept ,significance and legislations texts ,secondly the law element that helps the solution ,3rd terms of solutions ,4th the concerned body ,5th the effects if the solutions
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ملخص الرسالة
In the third chapter
In the contract of insurance is the relation that must be take care of its effects on the insured by the 3rd person harmed from the misunderstood law points ,then I showed the description of controlling the insurance contract .
In the fourth chapter
End of the obligatory insurance does not submit to general rules to cancel its provisions as it is valid to the architect.