التنظيم القانوني لعقود التشييد بتقنية الطباعة ثلاثية الأبعاد (دراسة مقارنة)

م.م. حيدر  صلاح كاطع

doi:10.64184/ajlps.V3.I1.Y2026.P510-541.278

Authors

Assistant lecturer: Haider Salah Gatea College of law/ university of AlQadisiyah Author

DOI:

https://doi.org/10.64184/ajlps.V3.I1.Y2026.P510-541.278

Keywords:

Digital Construction Contract, Data Liability, Dubai Decree 24/2021, Specially Manufactured Goods, Regulatory Compliance

Abstract

This study addresses the radical shifts induced by 3D Concrete Printing (3DCP) technology within the general theory of construction contracts. The contract is no longer merely an agreement for "effort" or a physical "result," but has evolved into a complex system of digital and industrial obligations where the liability of the "contractor" intertwines with that of the "machine" and the "technology provider." The research discusses the characterization of this contract under Iraqi law, which oscillates between traditional "construction contracts" and the "sale of future goods," amidst a legislative environment suffering from rigidity in quality control laws and building regulations, rendering execution prone to nullity due to the illegality of the object. Adopting a comparative analytical approach, the study utilizes "Dubai Decree No. (24) of 2021" as a benchmark to demonstrate the legislative transition from "technological neutrality" to "proactive regulation." The research concludes that the general rules of the Iraqi Civil Code—particularly the separation of design from execution—are insufficient to accommodate the unity of "design and machine," proposing a sui generis regulatory framework that redefines engineering obligations to include "data integrity" and "algorithmic efficiency."

Keywords: Digital Construction Contract, Data Liability, Dubai Decree 24/2021, Specially Manufactured Goods, Regulatory Compliance

References

List of sources

First: Arabic Sources

A. Books

1. Dr. Shams al-Din al-Wakeel, Lessons in Obligations, Manshat Al-Maaref, Alexandria.

2. Dr. Lubna Abdul-Hussein Issa and Dr. Jalil Hassan Beshat, Translation of the European Artificial Intelligence Act, 1st ed., Al-Mu’assasa Al-Haditha lil-Kitab, Beirut, 2024.

3. Dr. Mohamed Shawqi Shahin, The Contractual Joint Venture, Dar Al-Nahda Al-Arabia, Egypt, 2000.

4. Dr. William Suleiman, Expression of Will in Egyptian Civil Law: A Comparative Study, Al-Tiba’a Al-Tijariyya Al-Haditha Press, Egypt, 1955.

B. Theses and Academic Dissertations

1. Dr. Hazem Hassan Jumaa, Diplomatic Protection of Joint Ventures, PhD Dissertation, Faculty of Law, Ain Shams University, Egypt, 1981.

2. Abdullah Issa Muttashar Al-Ghurairi, The Consultancy Contract: A Comparative Study in Jordanian and Iraqi Law, Master’s Thesis, Faculty of Law, Middle East University, 2015.

3. Omar Falah Bakhit, The Joint Venture as a Means of Technology Transfer in Jordan, PhD Dissertation, Faculty of Law, Cairo University, 2006.

C. Legislation, Laws, and Regulations

1. Iraqi Civil Code No. (40) of 1951, as amended.

2. Egyptian Civil Code No. (131) of 1948.

3. Iraqi Investment Law No. (13) of 2006, as amended.

4. Iraqi Electronic Signature and Electronic Transactions Law No. (78) of 2012.

5. Iraqi Law of the Central Organization for Standardization and Quality Control No. (54) of 1979.

6. Iraqi Municipal Administration Law No. (165) of 1964.

7. Iraqi Standard Specifications Adoption Statement Law No. (5) of 1984.

8. Decree No. (24) of 2021 Regarding the Regulation of the Use of 3D Printing Technology in Construction Works in the Emirate of Dubai.

9. Iraqi Roads and Buildings Regulation No. (44) of 1935.

10. Iraqi Instructions for the Regi