The contract for the installation and equipment of a solar energy system is a service contract and is a type of contract that emerged as a result of scientific progress. This contract has its own characteristics and features that distinguish it from some types of traditional contracts. Despite its distinction from some types of traditional contracts, it is based objectively on pillars, namely consent, subject matter, cause, and capacity. This contract is considered a legal transaction that requires the necessary will to be concluded, namely the will of both parties represented by the offer and acceptance, and the conditions required for the existence of this will, and the defects that affect that will, including the defects of capacity and the defects that accompany it. This type of contract is characterized by several characteristics, including being an indefinite consensual contract, an opposition contract, a binding contract for both parties, and an ongoing contract. As for the effects of the contract for the installation and equipment of a solar energy system, they are represented by the effects arising from the contract and the liability resulting from the breach of obligations arising from the contract and its dissolution. The contract also includes, according to general rules, whether it ends as a result of the beneficiary’s error, which leads to the dissolution of the contract, or the service provider’s error, which leads to the termination of the contract by the parties granting it.
Maha Al-Hajj Younis (Mon,) studied this question.