This chapter investigates the stipulations regarding subcontracting contracts within the framework of Jordanian civil law while drawing comparisons with other legal systems. It delves into the implications of contemporary technologies on subcontracting agreements and their effects on the rights and obligations of the employer, the primary contractor, and the subcontractor. This study underscores the difficulties introduced by technological innovations, including digital platforms and automation, which influence both the execution of contracts and the resolution of disputes. A significant conclusion reached is that the subcontractor is unable to seek payment directly from the employer due to the lack of a direct contractual relationship, as the subcontractor is solely connected to the main contractor. Furthermore, the subcontractor assumes the obligations of the main contractor towards the employer as outlined in the primary construction contract. The researchers advocate for an amendment in Jordanian legislation to grant the subcontractor the right to pursue claims directly from the employer, independent of the provisions stated in Article (799), in order to better protect the rights of subcontractors, particularly in light of modern technological advancements that may affect contract enforcement.

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An Analysis of the Civil Legislation's Stance on Subcontracting Contracts and the Impact of Modern Technologies

  • Mohammad Muslim Al-Zawahreh,
  • Haitham Ahmed Ali Hussein

摘要

This chapter investigates the stipulations regarding subcontracting contracts within the framework of Jordanian civil law while drawing comparisons with other legal systems. It delves into the implications of contemporary technologies on subcontracting agreements and their effects on the rights and obligations of the employer, the primary contractor, and the subcontractor. This study underscores the difficulties introduced by technological innovations, including digital platforms and automation, which influence both the execution of contracts and the resolution of disputes. A significant conclusion reached is that the subcontractor is unable to seek payment directly from the employer due to the lack of a direct contractual relationship, as the subcontractor is solely connected to the main contractor. Furthermore, the subcontractor assumes the obligations of the main contractor towards the employer as outlined in the primary construction contract. The researchers advocate for an amendment in Jordanian legislation to grant the subcontractor the right to pursue claims directly from the employer, independent of the provisions stated in Article (799), in order to better protect the rights of subcontractors, particularly in light of modern technological advancements that may affect contract enforcement.