The commitment of the administration in the public works contract in Iraq

Research Summary Administrative contracts are a distinctive and important method through which the administration exercises a closed administrative activity in a public facility aimed at ensuring the continuity of the said facility’s regular and steady progress. This method is used by the administration if the administrative decision does not help it in carrying out its activities, or if it considers that the method of administrative contracts is more capable of achieving its goals. There is a general principle in administrative contracts that the contracting party with the administration is obligated to personally implement the contract. This principle is based on a basic pillar, which is the idea of ​​personal consideration. The contractor with the administration is obligated to carry out his obligations personally and by himself without, as a general rule, having the right to assign them to others or subcontract them. For a second contractor, that the personality of the contractor is considered by the administration, whether at the conclusion of the contract or when implementing it, as the administration must take into account the availability of certain considerations, or in other words, that the administration, as a party to the public works contract, must – when choosing the contractor with it – to In this choice, you take into account the availability of a set of essential qualities in the person you want to contract with, in order to ensure the proper implementation of the contract and in a manner that achieves the public interest to the fullest extent, which ensures the regular and permanent functioning of the facility subject of the contract. Therefore, the idea of ​​personal consideration is one of the ideas As for the selection of the contractor, the administration has the discretion to refrain from contracting with a person it does not agree with, even if chosen by committees. Finally, with regard to implementation, the administrative judiciary – in most countries that adopt the dual justice system – emphasized that it is one of the basic principles that the contractor implements himself, given the close relationship of the administrative contract with the public facility. The obligations of the contractor with the administration are personal obligations and he may not replace The subject of the research raises many questions, the most important of which is the extent of the relationship between personal consideration and the implementation of the public works contract and what are the results of the principle in the field of implementation of the public works contract and whether it is permissible to waive the implementation of the contract to others and what is the effect of the circumstances that may arise during the implementation phase on the contractual bond such as the death of the contractor and bankruptcy He is insolvent