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In which arabic countries Fidic is governmental applied ?

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Question ajoutée par mohamed elsayed Abou-Alseoud , Senior architect , Zuhair fayez & partners
Date de publication: 2014/01/06
G S
par G S , Senior lawyer , National Union of Attorney at Law of Romania

Public works contracts involve state as a sovereign power. According to the principle of public law in the countries that have a civil law system, conditions and terms of a public contract shall always be applied, executed and construed with prevalence in the favor of the state.

FIDIC clauses embodying common-law principles and concepts, which collides and contradicts with the civil law system principles and concepts.

For the purpose of public-works contracts are based and inspired by the FIDIC form of contracts, but you shall keep in mind that contract is constructed and interpreted in accordance with local law and the rulling language is Arabic. Therefore you will find a large amount of disputes due to those contradictions.

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