نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
The present study aims to investigate and explain the rights of the builder in construction partnership contracts. This research is of a fundamental-applied type and the method of collecting information was library-based, through reviewing Persian and non-Persian sources, laws, articles, books, theses and reputable scientific databases. The data were analyzed using a deductive and argumentative method. The results show that in construction partnership contracts, if the builder fulfills his obligations, he has certain rights such as receiving a certain share of the property, claiming damages in case of violation of the owner's obligations, the obligation to execute the contract and the possibility of termination under certain conditions. One of the main challenges is the owner's obligation to officially transfer the builder's share after the completion of construction, which in case of violation, the builder can use legal enforcement guarantees such as claiming damages, deposit, seizure of property and termination of the contract. Also, among the common problems in this area is the illegal pre-sale of units by the owner before the builder's share is allocated, which can be pursued and annulled by the builder through the judicial authorities. Effective performance guarantees are foreseen to protect constructive rights under various articles of the Iranian Civil Code, including Articles 219, 220, 221, 230, and 239. Finally, the study emphasizes the necessity of drafting transparent contracts, providing precise performance guarantees, making parties aware of their rights and obligations, and utilizing alternative dispute resolution methods such as arbitration; factors that can effectively play a role in preventing disputes and preserving constructive rights.
کلیدواژهها English