Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Investigating the Delay and Payment in the Dispute between the Employer and the Contractor in the General Department of Roads and Urban Development of Kohgiluyeh and Boyar Ahmad Province

Document Type : research

Authors
Najmeh Azizi Nasserabad 1
Alireza Asgari 2
Ahmad Moradkhani 2
1 PhD student of Islamic Jurisprudence and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran.
2 Associate Professor of Jurisprudence and Law Department, Qom Branch, Islamic Azad University, Qom, Iran.
10.22034/ejs.2025.472147.1907
Abstract
Background and Aim: The purpose of this article is to investigate the delay and payment in the dispute between the employer and the contractor in the General Department of Roads and Urban Development of Kohgiluyeh and Boyar Ahmad province by reviewing the case file No. 970580 of the General Court of the 2nd Legal Branch of Yasouj city.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used to collect materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that the document number 970580 of the General Court of the 2nd Legal Branch of Yasouj city can be criticized in terms of form and substance. The petition of the mentioned case, in terms of form, in order to accept the debt as well as the tax stamp, and in terms of substance, due to the lack of attention to Article 257 and Article 258 of the Civil Code, lack of attention to the process of payments provided in Article 37 of the general conditions of the contract.
Conclusion: The result is that in order to execute the sentence, according to the law, the total credits of the device are deducted, and practically, the device is not fined and it is as if nothing special happened.
Keywords
employer
contractor
general conditions of the contract
delay in payment
Kohgilouye and Boyerahmad
Subjects
Strategic Studies of Jurisprudence and Law
Volume 3, Issue 1 - Serial Number 8
Studies of economic jurisprudence
Spring 2021
Pages 189-204