The Impact of Financial Imbalance in Administrative Contracts Between Iraqi law and French Law

Administrative contracts occupy an important place among states and are considered one of the most important means that the administration resorts to in the management of public utilities, to achieve its goals and the public interest. Disputes related to administrative contracts and its non-compliance with civil texts (in particular), and thus administrative contracts became a theory independent of civil contracts. related to administrative contracts. Ordinary actions, such as buying, selling or renting, that occur between ordinary people, and the administration with individuals is one rank, and if a dispute occurs, it is within the jurisdiction of the ordinary courts. Administrative Court without the need for a text.  This study is titled (The Impact of Financial Imbalance in Administrative Contracts) and the issue of financial balance has an important place in administrative contracts because it is considered a basic pillar in the implementation of the administrative contract, and that the administration is obligated to pay the contractor compensation in the event of an imbalance in the financial balance in administrative contracts, even if the administration is not A reason for the occurrence of the financial imbalance and there is no provision in the contract, and that the contracting party is obligated to implement the procedures issued by the administration and to amend his obligation to implement the contract, and from the rules of justice related to administrative contracts, there is a balance between the burdens that the contractor bears with the administration and the advantages that This is the focus on which the concept of financial balance is based.  As the study explained, the legislator granted the administration wide powers in order to achieve the activities entrusted to it, and that these powers are unparalleled in civil contracts in terms of supervision, amendment and control, and the extent of the impact of these powers on the financial balance of the contract. Unexpected material) that granted the contractor with the administration the right to request compensation in the event of an imbalance in the financial balance of the administrative contract, and that the purpose of granting compensation to the contractor is to preserve the entity of the contract in order to achieve the general facility, its biography and its regularity without interruption.