The Legal Effects of Breaching the Administrative Contract
A Comparative Study
DOI:
https://doi.org/10.35246/jols.v37i2.547Keywords:
Administrative Contract, Contractor's Breach, Ensure the Functioning of Public FacilitiesAbstract
The administration concludes two types of civil and administrative contracts, each of which is subject to its own system, and the administrative contract is characterized by a set of exceptional powers towards the contractor in order to compel him to implement his obligations
And that administrative contracts require a large financial and technical possibility to implement them, especially contracts that focus on strategic projects, including general contracting contracts
Which is based on the technical competence and merit of the contractor, and accordingly, delay in the implementation of contractual obligations or negligence and negligence in a way that violates what is agreed upon. or the failure of others in the work assigned to them is one of the most serious forms of violation of the administrative contract’s connection to ensuring the regular and steady functioning of the public facility.
In order to take note of this, we divide our study into two sections, in the first of which we deal with: the concept of the contractor's breach, through its definition and forms, while the second section is devoted to images of the legal effects resulting from the contractor's breach of the administrative contract, then we conclude our research with a conclusion that includes a series of conclusions and recommendations.
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References
First: Book
i. Dr. Othman Salman Ghaylan, 2015, Detailed provisions explaining government contracts, Library of Law and Judiciary, Baghdad.
ii. Dr. Suad Al-Sharqawi, 1998-1999, Administrative Contracts, Cairo, Dar Al-Nahda Al-Arabiya.
iii. Dr. Suleiman Muhammad Al-Tamawy, 1965, The General Foundations of Administrative Contracts, 2nd Edition, Dar Al-Fikr Al-Arabi Al-Qanuni, Cairo.
iv. Dr. Suleiman Muhammad Al-Tamawy, 1996, The Judiciary of Revocation, Cairo, Dar Al-Fikr Al-Arabi.
v. Dr. Majed Ragheb Al-Helou, 2007, Administrative Contracts, 1st Edition, University House for Printing and Publishing, Alexandria.
vi. Dr. Maher Salih Alawi Al-Jubouri, 1989, Administrative Law, 1st Edition, University of Mosul.
vii. Dr. Mahmoud Khalaf Al-Jubouri, 1989, Administrative Contracts, 1st Edition, House of Wisdom, Baghdad.
viii. Dr. Nawaf Kanaan, 2010, Administrative Law, Book Two, Dar Al Thaqafa for Publishing and Distribution, Amman.
Second : Researches
i. Muhammad Hanoun Aliwi, 2012, Withdrawal of work in the contracting contract, penalty for breach of commitment in the completion of work, research published in the Journal of Law and Judiciary.
ii. dr. Mahmoud Khalil Khudair, 2022, The Legal Effects of Personal Implementation in the Administrative Contract, a research published in the Journal of Legal Sciences, Volume 37, 14.
Third: Theses
i. Samir Ismail Hamed, 1975, Personal Consideration in Contracting, Ph.D. Thesis, Alexandria University.
Fourth : Laws
i. Iraqi Civil Law No. 40 of 1951.
ii. Egyptian Tenders Law No. (9) of 1983 repealed.
iii. The Egyptian Tenders and Auctions Regulation Law No. (89) of 1998 amended by Law No. (191) of 2008.
iv. Contracting conditions for civil engineering works in both parts (first and second) for the year 1987.
v. Instructions for Implementing Government Contracts No. (2) for the year 2014, published in Al-Waqe’ Al-Iraqiya, No. (4325), S 55, on June 16, 2014.
vi. Controls No. (18) to which contractors who are lagging in the implementation of their contractual obligations are included in the list of lagging companies issued by the Ministry of Planning (unpublished).
vii. Circulars No. (4/7/19479) on 10/2/2012 issued by the Ministry of Planning (unpublished).
Fifth: Judicial Decisions
i. Decision of the Administrative Court on January 27, 1927, Technical Bureau Group, Year 12.
ii. Federal Court of Cassation Decision No. 406 / Appellate Body / Copied / 2009 on 5/5/2009 (unpublished).
iii. decision of the Iraqi Federal Court of Cassation .No. (879 / Appellate Body / 2009 . / 20/8/2009; published in the Journal of Law and Judiciary, No. 6, 2011.
iv. Federal Court of Cassation Decision No. 2205 / Appellate Body 2012 on 10/12/2012. Saeed Jaryan Al-Tamimi, Legal Principles in the Judiciary of the Federal Court of Cassation, Civil Section, Dar Al-Sanhouri, Baghdad, 2016.
v. The decision of the Court of First Instance Rusafa No. (76/7/contracting/2012) on 10/3/2013 (unpublished).
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- 2023-01-04 (2)
- 2022-12-24 (1)
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