THE Effect of the Decision to Exempt from Delay Fines on Carrying Governmental Reforms (Cabinet Resolution No. 7 of 2016)
DOI:
https://doi.org/10.35246/2ws1v433Keywords:
Impact, Exemption, Fines for Delay, Cabinet ResolutionAbstract
The idea of the research is based on finding solutions and proposals for the procedures for exempting the private sector companies from the late fines as an exception to the instructions for implementing government contracts No. (1) for the year 2008 and (2) for the year 2014 and the general conditions for civil engineering contracting in its first and second sections prepared by the relevant departments in the Ministry of Planning and the issued decision From the Council of Ministers No. (7) of 2016 .. to be a guide to be used by public sector institutions such as ministries and all entities not associated with the Ministry and the governorates that are not organized in a region (especially with regard to government contract formations and the investment plan) when the private sector companies are delayed or broken in carrying out the tasks assigned to it according to the agreed time schedule in the contract and to avoid personal jurisprudence. The fine for delay in contracts is characterized by the fact that it is subject to a special legal system, compared to other financial penalties in the field of contracts, compensation and fines, which reveals through scientific practice the legal problems of this financial penalty, especially with the growing contractual method resorted to by the various administrations of the state in order to perform their tasks, which should be in the public interest, with the need to achieve at the same time, not to waste the rights of the contractor with the administration, and to ward off the abuse of the administration in its exercise of the privileges of public authority, which It is embodied - indeed - in the mechanisms of execution of contracts, especially when imposing this sanction, which is not accompanied by the need to prove the damage on the part of the contracting administrative authority to sign it, its full discretion in this regard, and the position of the judiciary towards the exercise of this power, within the framework of a system that mainly takes into account the principles established by the French Council of State in this regard, which constitute the historical source of law, In addition, a comparative study is the best way to understand legal ideas and highlight legal principles at the stage of contract implementation.
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References
I. The Arabic Language Academy / Intermediate Dictionary, 1961, Egypt Press, Part Two, p. 657.
II. Dr. Suleiman Al-Tamawi, General Principles of Administrative Contracts, Second Edition, Cairo, publisher, Dar Al-Fikr Al-Arabi, 1965.
III. Dr. Sulaiman Muhammad Al-Tamawi, Principles of Administrative Law, Seventh Edition, Cairo, 1965.
IV. Ahmed Munir Fahmy, Saudi and international legal rules for contracting and supply contracts, Riyadh Chamber of Commerce publications.
V. Abd al-Rahman Abbas Ida'in, delaying fines in administrative contracts, Babylon University Journal, Issue: (22) for the year 2014.
VI. Dawood Shehata Khalaf, Engineering Works Contracts, University of Jordan Library, Amman 1985.
VII. Dr. Ja`far al-Fadhli, Brief in Civil Contracts, Cairo, second edition, Al-Atak for Book Production. https://legaldictionary.net/contract-law/
VIII. Kamal Qasim Tharwat, Brief Explaining the Provisions of the Contracting Contract - A Comparative Study of the Decisions of the Court of Cassation of Iraq, First Edition, Baghdad, Offset Al-Wissam Press, 1976. https://academic.oup.com/edited-volume/28168/chapter-abstract/213086243?redirectedFrom=fulltext
IX. Hamdi Yassin Okasha: Encyclopedia of Administrative and International Contracts, Administrative Contracts in the Practical Application of General Principles and Principles, Maaref Knowledge, Alexandria, 1998.
X. Dr. Issam Ahmad Al-Bahji, FIDIC contracts and its impact on the obligations of the contractor, the engineer and the employer, Amman, the new university house .And , A brief introduction to FIDIC forms of construction contract, 20th Sep 2024 https://www.muckle-llp.com/insights/legal-commentary/fidic-contracts/#:~:text=FIDIC%20contracts%20remain%20the%20international%20industry%20standard%20for,and%20risks%20between%20the%20employer%2C%20contractor%20and%20engineer.
XI. e.c.corbett. fidic 4th a practical legal guide a commentary on the international construction contract ed. Seet and maxell London 1991
XII. The group of preparatory work for the Egyptian civil law, part two. https://www.noor-book.com/en/ebooks-Ahmed-Salah-Aldin-Almhamy-Balnqd-pdf
XIII. Wafa Mahmoud Al-Babwati, The Financial Counterparty in Administrative Contracts - A Comparative Study - First Edition - Cairo, The Arab Center for Publishing and Distribution, 2018.
XIV. Dr. Muhammad Labib Shanab, Explaining the Civil Law, Part Four.
XV. 15 D. Ahmad Abdel-Al Abu Qurain, General Provisions for the Contract for the First Edition, the Arab Renaissance House, 2002-2003.
XVI. 16 - Judge Gesture Hamel Al-Ajili, the ten-year guarantee for the architect and contractor, research published in the Legislative and Judicial Journal, eighth year - 2nd Issue 2016.
XVII. Dr. Mohamed Hassan Merhi, Criminal and Financial Sanctions in Administrative Contracts Arab Center for Publishing and Distribution, Cairo, 2018.
XVIII. Faeq Hattab Damad, the delay fine in the administrative contract and the position of the judiciary thereof, research published in the Journal of Justice, No. 4, Fifth Year, Baghdad, 1971.
XIX. Dr. Ali Khattar Shantawi, Brief in Administrative Law, Wael Publishing House, First Edition, 2003, Amman, Jordan.
XX. Fires and others accidents, illness or death of one or more of the contractors transportation delays over which the contractor has no control. Unusually severe weather. v. Sidney m.levy, project management in construction second edition, McGraw Hill. Inc.
XXI. b.boubli. contract d. enterprise op. cit. no’s 305.
XXII. civ. 3e 9 janv. 1991d.1991 jp. 481 note gilles paisant.
XXIII. Jean- Dufau: concessions de service public. In gurisclasseur administrative, fasc,
XXIV. ph. Comet; Essai d,une the Orie d ensemble defa concession de service public th, Paris, 1934.
XXV. U.Hauriou; note sous C.E; 27/6 / 1913,5,3.
XXVI. G. Vedel et P. Devolve; op.Cit, P.1141.
XXVII. .Rolland, pre, cis de droit administrative, Paris, 1943, P620.
XXVIII. International construction contracts in Saudi Arabia: Demystifying Saudi law
XXIX. and shariah principle in the kingdom ,dr. Ali Almhdar ,Barrister, Outer Temple Chambers, England and Wales and Saudi Arabia and Joseph Chedawer Partner, Covington & Burling LLP, Dubai, The International Construction Law Review
XXXI. Instructions for the Implementation of Government Contracts No. 2 of 2014.
XXXII. General conditions for engineering contracting works in its first and second parts.
XXXIII. Iraqi Civil Code No. 40 of 1951.
XXXIV. Cabinet Resolution No. 7 of 2016.
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