Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Objective rights and claims of third parties in construction participation contractsAbstract with an approach to jurisprudence

Document Type : research

Authors
1 PhD Student, Private Law, Zanjan Branch, Islamic Azad University, Zanjan, Iran.
2 Assistant Professor of Departmant of Private Law, Zanjan Branch, Islamic Azad University, Zanjan, Iran.
10.22034/ejs.2024.486118.1970
Abstract
Background and Aim: The importance of legal approaches appropriate to social developments seems necessary. In spite of the historical age of the company contract, the contract of participation in the construction of the establishment is a new one that has emerged simultaneously with these developments and with the progress of human societies and the need to create new contract forms. This article titled "Objective Rights and Claims of Third Parties in Construction Participation Contracts" while examining the concept and nature of construction participation contracts, determined the format of this type of contract and among the rights and claims for third parties in construction contracts. Participation in construction is imaginable, it examines some examples of objective rights with a discussion plan.
Materials and Methods: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Findings: Third parties may have rights that are not easily transferable in partnership agreements. For example, tenants may have occupancy rights that must be maintained and this can affect how construction is done.
Conclusion: If the rights of third parties are violated due to non-compliance with the conditions agreed in the contract, these persons have the right to request compensation based on rules such as non-harm and arrogance.
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