Explanation of Article 474
The article stipulates that the subcontractor is not entitled to demand from the employer any of the obligations that the employer owes to the original contractor; whether it is the obligation to enable the contractor to complete the work, the obligation to receive the work, or the wages due to him before the original contractor. This is because the obligations owed by the employer arise from the contract between the employer and the original contractor, and the subcontractor is not a party to the contract concluded between them, so he cannot demand any of his rights from the employer, as he has no direct relationship with the employer. However, the article makes an exception if the original contractor assigns some of his rights under the original contract, which are obligations on the employer, to the subcontractor. In this case, the subcontractor may demand from the employer what the original contractor is entitled to, based on the assignment of rights, not on the basis of the right to direct action under the subcontract, but rather under the assignment of rights; and the provisions established in the assignment of rights apply to this transaction. It goes without saying that the subcontractor can exercise the rights of his debtor, the original contractor, in demanding from the employer in the name of the original contractor through indirect action, and likewise, the employer can exercise the rights of his debtor, the original contractor, in demanding from the subcontractor in the name of the original contractor through indirect action.
Related To
Article 474
A subcontractor may not demand the client to pay him any amounts due to the contractor, unless referred by the contractor.