The Authority of the Administration to Terminate Administrative Contracts A Comparative Study Between Iraqi and French Law

Author:
Mohammed Ridha Talib Abd-Ali Fadhala
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Mohsen Malek Afzali

The management tools to carry out its activities and strive to achieve its goals are embodied in the administrative decisions issued by its unilateral will that are binding on individuals, and that the authority of the management to terminate the administrative contract is a direct authority and the management has the right to bring it whenever it deems it necessary to do so, even if it is not stipulated in the terms of the contract as long as the action taken  It is legal and for this purpose the privileges of the public authorities must be allocated to the administration by showing these privileges in the terms of the administrative contract, and the administrative department also tends to express its desire and determination to bring about specific legal effects.  Using the public interest in terminating the administrative contract, which is the advantage that the administrative contract has over other contracts, since it is an administrative law that includes rules governing administrative activities, organizations and disputes, we focus on administrative contracts, which are legal procedures that link management with individuals, whether they are natural persons or legal persons.  Sharia is that the administrative department has wide powers to implement and terminate the contract, which entails putting an end to the implementation of the administrative contract.  As a general electrical contractor, they are not familiar with the special powers of private law contracts, because they are guardians of public interests and oversee normal business and stability.  Public utilities: Operation is the basic principle for performing administrative contracts.  The difference with private law contracts is that private law contracts are based on the principle of contract, and the parties to the contract are equal in terms of obligations and rights.  In our research, we have followed the comparative method in order to reach a conclusion that is beneficial to the research.