General principles in the conclusion of administrative contracts A comparative study between Iraqi and French law

Administrative contracts are one of the important matters that the state is concerned with at the present time in the field of administration because of the tremendous development in all areas of life and in order for the state to perform its function and satisfy the needs of the public and implement economic projects, especially projects of development plans. The subject of the study raises a main problem represented in a main question, which is what are the general principles in concluding administrative contracts, what are their pillars, what are their characteristics, types, implications, and what are the ways to end them. And the solution to the study problem is through studying the legal texts in the Iraqi and French laws, which showed the general principles in addressing the research problem, to clarify the concept of administrative contracts and their impact on the workflow in government institutions. The importance of the study is crystallized in studying the subject of the thesis in four main chapters that include a statement of the pillars of administrative contracts and their types with an indication of how to conclude administrative contracts in accordance with the laws and regulations in force in the countries under study. With a statement of the effects of the conclusion of administrative contracts, and a statement of the most important ways to end administrative contracts. Through our study, we have reached several results, the most important of which is that the administration usually resorts to concluding administrative contracts for the purpose of achieving public interests, and in concluding administrative contracts, it follows specific methods, Because it does not have the power to interfere and compel individuals to carry out their activities and works outside the contracting system, As it can, by way of contracts, reach its goal without transgressing the public wills and personal interests of individuals, the administration has the authority to terminate administrative contracts with its own will before the expiry of the contract implementation period, even if the contractor has not breached his contractual obligations, whenever the public interest so requires. At the end of the study, we made several recommendations, the most important of which is that the administration impose penalties on its contractors in case of breaching the terms of the contract concluded with him, or non-implementation to ensure that the public utility or public funds are not harmed, and the administration should legislate regulations for administrative contracts, for the purpose of keeping pace with developments in activities contracts in public utilities.