Explanation of Article 575
The article refers to the provisions related to the worker's refusal to complete the agreed-upon work in agricultural partnerships. The article states that the owner of the capital, after warning the worker, has the choice between two options.
The first option: specific performance, whereby the owner of the capital hires, at the worker's expense, someone to complete the work, according to the details provided in Article (16), which clarified that specific performance involves two scenarios.
The first scenario is when there is an urgency for execution, such as the fear of crop or plant loss, in which case it is permissible to hire someone to complete the work at the worker's expense without needing to obtain court permission.
The second scenario: when there is no urgency for execution, the owner of the capital must obtain court permission to hire someone at the worker's expense to complete the work.
The second option: requesting the termination of the contract, especially if completing the work is futile, and it is subject to the general rules of termination; it can either be judicial if there is no resolutory condition in the contract, and the court assesses the validity of the termination request. The court may find that the breach is of minor importance and does not justify termination, thus not ruling for it. Alternatively, termination can be consensual if the contract includes a resolutory condition allowing the owner of the capital to terminate in case the worker refuses to complete the work. If the worker does not accept the termination and disputes it in court, the court's role is limited to verifying the condition for termination, and the court's ruling then confirms the termination rather than initiating it.
Whether the owner of the capital requests specific performance or termination, they have the right in both cases to seek compensation for the damage caused by the worker's breach of obligation, as stipulated in Article (107) of the general rules.
Related To
Article 575
If a worker refuses to complete the work, the landowner may, after notifying the worker, hire another person at the worker’s expense to complete the work in accordance with Article 167 of this Law, or demand termination of the contract.