Judicial authority in cancellation of administrative contract A comparative study between the laws of Iraq، Iran and Lebanon

One of the most important and most organized legal systems is  the termination of the contract , because it is a tool  of exchange between individuals and it is effective in the exchange of wealth. It   means that the party  did not intend to fail to fulfill his obligations completely, but some problems appeared that prevent  the performance of the contract to the extent that it raises the issue of canceling the contract in full or limiting it to the part where the violation occurred. Accordingly, the  study  has  aimed  to  deal with the  termination of the contract between the contracting parties  through the judicial annulment of the administrative contract, the types and conditions of annulment, the similarities and differences between the Iraqi, Iranian and Lebanese laws in the termination of the contract for the serious breach and its forms, and the judicial authority in ruling the annulment.

  This study is  important in  theoretical and practical aspects. The theoretical aspect is an attempt to develop a legal system that addresses the issue of termination of the contract. in the practical aspect, this study attempts to keep contracts effective  by trying to reduce cases of resorting to total termination of the contract due to  lack of  performing  one  part  of the  contract.  In order to answer these issues, the comparative –analytical and descriptive method was used, which is one of the most common  approaches in legal studies and research.

After investigating the discretionary authority of the judge in inflicting every kind of annulment of the administrative contract in the Iraqi, Lebanese and Iranian laws,   it became clear that this discretionary authority expands to the most extreme limits in the field of judicial annulment, narrows in the field of consensual annulment and is almost non-existent in the field of dissolution.