Legislative Applications of Emergency Incident in the Contracting (A Comparative Study to the Case of Contractor’s Death

Abstract

The contractor may die after the conclusion of contracting of the contract and before commencement of its implementation or after its commencement and before the completion of its implementation, and the civil laws in several countries have taken such a situation into account and arranged certain effects represent generally in the possibility of terminating the contract in contracting by certain conditions. One of the conclusions of this study is that the return of the heirs of the contractor onto the employer for the value of the work and expenses or the value of the benefit to the employer as a result of these works and expenses is not based on the contractual liability, since the contract is over by the death of the contractor if the conditions are met, and the contract, which is no longer in existence, can not be the basis for the return of the heirs of the contractor onto the employer. The contractor's heirs can not return onto the employer on the basis of tort liability, as long as the employer can not be considered as a delinquent. Therefore, the basis of return is gain without reason. The recommendations of this study are representing in suggestions to amend some of the texts of the comparative laws and adding specific texts related to the subjects of this study.