Administrative Freedom in Concluding a Contract According to the Principles of the Iraqi Constitution and The Islamic Law

Examining the subject of the contract is one of the most important researches. The administration is a party to the contract, it does not serve the public interest, because if the power of the parties (parties to the contract) is equal, it will not take precedence over the interests of the government, which is higher than the personal interests. Therefore, the solution is to give special privileges to the administration in administrative contracts that do not exist in other contracts. This strengthens the administrative side of the contract and prioritizes the public interest over the personal interest of the contracting parties. Therefore, the present study seeks to explain the important concepts of administrative contract, its separation from civil contract, expression of types of administrative contracts and ways of concluding it, in order to first deal with the freedom of administration that should be provided in the administrative contract. The heads of the administration must acknowledge this in the administrative contract with the contractors of the administration and also clarify their rights and duties towards their contractors. Then, this research interprets and concludes the administrative contract and explains how to resolve disputes arising from the administrative contract so that the present study focuses on a complete example of an administrative contract and the effects of this example in providing services to public facilities and empowerment. Check the office to achieve the desired goals. The importance of this research in the need to ensure administrative freedom in concluding contracts with others and explaining all the basics of administrative contracts and themes that best lead to concluding administrative contracts with others and is derived from the principles of the Iraqi constitution and Islamic law. The importance of the research subject is revealed due to the necessity of public materials and facilities, so that in order to conclude a contract with others, the office must consider public interests and services in order to advance the public interest, so this right must be guaranteed to the office. Make a public agreement with others and prioritize it over personal interests. The present study has investigated the issue with a descriptive-analytical approach and by collecting information and data and has achieved results. I would like to add the most important findings of the researcher to the above: The public should take action, as it provides the public interest of the country and creates guarantees for the parties to the contract with which they can stand and protest in front of the administration in case of improper use of the powers and powers intended for it.