Saturday, November 2, 2019

International Construction Contracts BSM 135 Re-sit Diet Essay

International Construction Contracts BSM 135 Re-sit Diet - Essay Example However, prior to delving into the technicalities of the contract forms, there will be a brief discussion on the French-Sharia legal system and process. Sharia-law is based on a civil code system that was developed from the principles of the Koran and Sunnah (Islamic traditions that goes back to the days of the Prophet of Islam)1. Sharia-Law operates on the basis of the principles of good faith and it is particularly against the principles of unjust enrichment2. This implies that there is a general opportunity for an organisation like NCG to make claims within these broad principles and scopes in a court of competent judicature and on the basis of the new legal system that will be put together by the new regime. The French legal system which was adopted by most of the Middle Eastern and North African countries after independence has to do with the Napoleonic code which was a tradition that was steeped in new laws3. What the French code shares in common with the Islamic code is that they are both civil law jurisdictions and they are all made up of codified rules and regulations that are held to be absolute which is in contrast with the English legal tradition of using judicial precedence4. The benefit to NCG is that they can always make claims and go to court about a perceived injustice and raise important legal restrictions based on the facts and challenge the government on the basis of acting in bad faith. On the other hand, the Sharia-French system is one that is not steeped in precedence, so what a given generation of legal scholars and constitution makers state is the rule and this could be divergent from the reality. The preamble of the CCWCEC indicates that the contract is made between a contract is made between the contractor and the employer which happens to be the North African state in question5. NCG becomes the contractor in this case. In the normal sense, the contract is binding

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.