Legal Egulation of Fines for Delays in Administrative Contracts Between Iraqi Law and Egyptian Law

The importance of administrative contracts increases in the field of public law to which they are subject because the theory of administrative contracts is based on enabling the administration to achieve the general interests of citizens and the interests of public utilities in a way that guarantees this. Safety work on a firm and stable basis. It is to achieve management objectives as quickly as possible. At the lowest possible cost and in the best possible way, administrative contracts have become a major role in Iraq and Egypt as the primary means of achieving administrative objectives, establishing facilities and meeting their needs. Its importance and demand are increasing with the modern state’s trends of openness and economic support. The official state policy on privatization shows that the administrative contract, like all contracts, creates an obligation and each party must fulfill and submit to the obligations undertaken. All private legal contracts must, in principle, be implemented in a consistent manner. Since what is required in good faith and according to the behavior of the administration is to achieve the public interest by promoting the methods of understanding and satisfaction between it and the other contractors. But the management contract is pending. With regard to private law contracts with special characteristics entrusted to the needs of the public interest that the contracts aim to manage and give importance to the face of the contract, we have in this letter an introduction to fines and late assignments the contractor’s right to delay the performance of contractual obligations and there is no arbitrary reason for this delay as we have explained, often Delay in fines is the subject of administrative contracts as stated in the text of the Administrative Law, for example. General conditions for civil engineering works guidance on the implementation of government contracts and recommendations for the implementation of the federal budget. We also distinguish between delays and fines. The authority of the administration to impose penalties on defaulting contractors passes through several steps that end with the administration’s approval to impose these penalties voluntarily without the need to issue a court. The jurisprudence varies, whether in Iraq or Egypt on the basis of the law of imposing penalties, while the two concepts converge at one point: Achieving the public interest due to the importance of the penalties imposed by the administration on contractors for not fulfilling their obligations. It is necessary to establish a legal system governing the imposition of such penalties. Which can be summarized in several points and the most important is the responsibility for determining the penalties lies with the executive branch without the need for judicial authorities. Not stipulated in the contract, it also allows for the inclusion of multiple penalties and prohibits any measures to obstruct the administration’s authority to impose penalties, and the administration has the discretion to determine penalties in a timely manner and without the damage to be proven we recommend Iraqi lawmakers to include them in the Public Contracts Law No. (87) of 2004, or a recommendation made under a statement authorizing management to include in the contract terms allowing for an estimate of the amount. Activation section 16 / first / second / third of recommendation No. (1) of 2007 issued in the second session (Public Contracts Law No. 87 of 2004) to grant the Public Contracts Department of the Ministry of Planning the authority to issue regulations governing the contractual relationship between government agencies and contractors and the results of violations of the parties As well as issuing or amending the general terms of contracts and the terms of supply of goods and services.