Stipulation of Non- contractual Responsibility of the Supervisor Engineer from the point of Islamic Jurisprudence and Law

Document Type : Original Article

Authors

1 Department of privet law, Faculty of law, Azad Islamic University, Khoram Abad, IRAN

2 Department of Jurisprudence & Law, Faculty of literature & liberal Arts, Azad Islamic University, Islam shahr, IRAN

Abstract

“Supervision” is one of the most important pillars of the construction industry, which will be implied By a natural or legal person known as a supervising engineer Along with the effective responsibilities set out in the legal building regulations. However, the silence and law enforcement about their scope of responsibility have made it difficult to identify the main culprit in the proceedings at the hearing. The most important obligations of the supervising engineer are in contract or non-contract formats, and sometimes with a condition of non-liability (including disadvantages and benefits). In some assumptions, the nullity-based view of jurisprudence is met with jurisprudence. On the other hand jurisprudential arguments (including the principle of necessity, correctness, obedience, conditional loyalty, action, etc.) and legal arguments (including the principle of freedom of contract, non-compliance with public order and good ethics, etc.) Indicates the validity of the supervisor's engineer non-responsibility clause as discussed in the present study.

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