The Impact of Personal Considerations in Public Works Contracts a Comparative Study Between Iraqi Law and Egyptian Law

Administrative contracts are one of the most important means that the contracting administration resorts to in implementing projects and institutions that the state desperately needs, especially in the modern era. Personal considerations are distinguished from other legal descriptions such as implied reservation in the contract, condition, and reason. The main qualities that may be subject to personal consideration in the administrative contract are health status, age, financial sufficiency, technical knowledge, religion, good morals, reputation, and nationality just as  Personal considerations have an impact on the contract. The contractor with the administration may perform some procedures such as waiving the contract or subcontracting is characterized by both waiving the contract and subcontracting with its own legal nature.  In addition, the personal consideration is represented in what is taken on the contractor of the existence of practical and personal capabilities, and this is what is agreed upon by Iraqi and Egyptian law. Administrative contracts are a distinct and important method of management through which a closed administrative activity is carried out in a public facility aimed at ensuring the continuity of the regular and steady workflow. The contractor with the administration is obliged to personally implement the contract. This principle, which is based on a fundamental pillar, is the idea of personal consideration, where the contractor with the administration is obligated to carry out his obligations personally and by himself without, as a rule, the right to assign them to others or subcontract them with a second contractor, where  The personality of the contractor must be taken into account by the management, both when concluding the contract or when executing it, as the administration must take into account the two, in other words, the administration, as a party to the administrative contract, and the idea of   personal consideration is one of the basic ideas, both with regard to  Choosing the contractor or executing the contract.