(( التعُّهد بالضمان عن الاَعمال الحَرِفيَّة )) (دراسة مُقارنة)

(the warranty under taking of craft smanship ) (A comparative study )

There is no doubt that the subject of the guarantee under taking is one of the to optics that appeared in the practical side in the latters bulletin in large way .
Especially in the contracts of doing work ,and it didn’t receive its share of study and legal decision ,and it is the most prominent reason that prompted us to chose this topic and since the contract of doing work are concluded between different periods of time other than one of them has experience and special Ration in this Field of work as for then other party . its awake period not experience in the field of carrying out these works and this matter leads to the fact that the latter often has doubts and doubts about the quality and efficiency of those works and the extent of their ability to meet this desire Rest assured except with a warranty pledge .
The subject of thesis dealt with a partial issue that is deter mined by the agreement of the two parties ( the contractor and the contractor ) during or after the conclusion of a contract to perform a work on the undertaking of the person doing the work . with the quality and efficiency of his work . its a means to protect the contractor for him by obtaining a job that is in a good way and fulfills his desire from contacting swells for the contractor in terms of being a means to improve his commercial reputation and attract him many contractors ,and this study came to pave the way to wards legal studies to research in depth on this subject ,especially and that the legal texts dealt with the issue of legal guarantee and only some provisions were subjected to the agreement .
The researcher made it clear that it is necessary to implement the provisions of the guarantee pledge to meet several conditions ,in clouding the existence of an agreement on the pledge between the two parties ,it confirms the requirement of the contract and the other conditions is the occurrence of a defect in the work during the period of the guarantee undertaking and we have shown through the study and analysis of jurisprudential opinions and legal texts that the defect within the frame work of the guarantee pledge is special in that does not have to be hidden old ,or influential ,the mere fact that a defect occurs during the period of the warranty undertaking it shall be the respond sibility of the undertaker should not be attributed to the pledgee ,this error occurs as a reason for the non –realization of the responsibity of the undertaker .
As for the nature of the responsibility of the pledger its an obligation with a result . then we explained how its commitment to a result and that result is not achieved until the end of the commitment period the warranty pledge without a defect in the work . and that the duration of the warranty pledge is an element that is determined by the agarment of the two parties or through custom .it in valves doing work ,and I reached that conclusion by putting for ward a number of opinions and how they did not fit this topic ,and the researcher has concluded that the pledge of guarantee entails a number of provisions to ensure that . the Institute implements its pledge correctly ,and a many these provisions is the pledger to repair the defect when it appears during the period of the guarantee pelodge in order for the pledgee to continue .to benefit from place of the contract throughout the period of the ledge .and be the burden of this repair isn’t the contractor ,shoulders .Also the contractor must re-exe cute .the work a gain . if defect stumbles and doesn’t fulfill ,the intended purpose ,and if the repair processor re-implementation of the work doesn’t benefit by returning the work to its normal state he is obliged to refund the work consideration to the contractor to him .