Guarantees of Stability of Legal Relations in International Administrative Contracts: A Comparative Study between Iraq and Algeria

By examining the issue of guarantees of stability of legal relations in international administrative contracts, both in Iraq and in Algeria, we have tried to deal with the contract from all its aspects, including examining the issue of guarantees of legal stability in administrative contracts, which is actually the study of the basis of law because this law which seeks stability and in this way, leads to security in practical life, because the main goal of the law is the establishment and stability of legislation, whether in the domestic or foreign arena, and this, in addition to achieving stability and justice, leads to the realization of certainty and There is no hesitation in legal centers. The purpose of this research is to reach the definitive result of the real balance in the contractual relationship between the government and the contractor, whether the contractor is a foreigner or a citizen of the same country. It is the balance between the work that the contracting party provides and the remuneration that he should receive for his services. In addition, the contracting party must implement the contract in the most complete and best way without any financial or technical problems, and it is necessary to have all the legal tools to protect the contracting parties against any unforeseen events; Events that destroy the contractual relationship. Also, the necessary guarantees should be provided to overcome the problems that are caused by the contract, while taking into account that the government is sometimes exposed to economic crises that affect all its activities, and this causes it to adapt to the consequences of these crises. , take economic measures. International administrative contracts are administrative matters that in such circumstances simply accept the most negative impact because they are regulated and concluded in economic conditions that are completely different from the conditions in which obligations must be performed, therefore, the legislator and the judicial system have legal ideas to deal with. With changing and unstable economic conditions, the principle of regular, stable and uninterrupted flow of public services to serve the beneficiaries. The issue of providing legal guarantees to someone who is a party to a contract with the government is considered a very important issue because it achieves a dual purpose that includes public interests and the interests of the contractor. But in the case of legal stability, change is one of the pillars of protecting the parties to the contract against unexpected and sudden events that lead to disruptions and changes in the government contract process because the principle of legal stability should be the main one to support domestic or international government contracts. , is emphasized in the Constitution. One of the most important elements of the legal structure and one of the characteristics of the legal stability of the government contract is the government’s action to review its projects from an economic and time point of view, as well as to estimate the allocated amounts during an in-depth study.