The Authority of the Administration to Terminate the Administrative Contract Unilaterally A Comparative Study Between Iraqi and Kuwaiti Law

The management’s authority to terminate the administrative contract is considered unilateral. Of the most important powers exercised by the administration in the face of the contractor,; Thus, these regulations granted the administration the right to terminate its administrative contract at its own will. Iraqi and Kuwaiti law agreed to grant the authority to unilaterally terminate the administration; However, the Iraqi and Kuwaiti legislators differed in determining the duration of the excuses directed to the contractor. The study has adopted the analytical and applied comparative approach between the Iraqi and Kuwaiti legal systems, as the original approach was present as it represents the judiciary’s applications in the comparative legal systems and the jurisprudential trends within the framework of each model and the opinions that were said by legal scholars. Through the foregoing, the study concluded with results, the most important of which are: the agreement and delivery of Iraqi and Kuwaiti law; The administration has the right to terminate its administrative contract, at its own will, without the need for the contractor’s intervention. Or any external authority, and proof of the judiciary’s right to control this authority. The study also concluded that in addition to the fact that the origin of the administration is the termination of its administrative contracts by agreement or judiciary, and the exception is its termination by unilateral will. The study also demonstrated that the public interest is the basis for the termination of administrative contracts by the single administration, but that this termination must take place according to specific conditions that the administration follows and that the termination is issued by a decision that fulfills all the conditions of legality, otherwise it is considered void. Thus, the study ended with a set of recommendations, the most important of which are: The recognition and recognition of the authority of the administration in terminating its contracts with the sole administration must be specified exclusively in the regulations and laws in both Iraq and Kuwait and what this termination achieves in terms of benefit and public interest. We also hope It is from the Iraqi and Kuwaiti legislators to specify the cases in which the administration may terminate its administrative contracts by agreement and judicially, and the times in which the administration may terminate its contracts by its unilateral will, and the consequent prevention of the administration in the abuse of its right to terminate its administrative contracts with the unilateral administration. The study also recommends in the Iraqi and Kuwaiti administrative regulations that it is necessary to stipulate the conditions that the administration must follow in the use of its right to unilateral termination, as the provision of these conditions in a clear and explicit manner prevents the administration from arbitrarily using its right to terminate. We also hope that the Iraqi legislator will amend the instructions for implementing government contracts because they do not include a text that establishes the right of the administration to terminate its administrative contract with the sole administration.