Lack of Satisfaction and Their Impact on Administrative Contracts in Iraqi Law
- Author:
- Saja Dakheel Jebur Al-Sarray
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Morteza Al-Fayadh
The administration, in order to achieve its goals and strive to achieve what it aims at, finds itself compelled to unite its will with other wills to result in that administrative contract. Persons of public law and this contract must be subject to the general rules in contracts and according to what is included in private law, since administrative contracts are subject to it, which limits the elements of the contract to consent, place and reason. It is held between persons of equal will, which facilitates the application of the law. As for the administrative contracts, they are contracts made between the public administration and other persons. The general principle is that the administration seeks to achieve a goal related to the public interest in order to achieve it, unlike members of the private law who work to achieve individual and personal interest only, and from this The premise, and because the public administration seeks to achieve the public good that brings benefit to many individuals, if it has resulted in the will of the administration being higher and more comprehensive than the The material of the investigating party is for his own benefit only, and administrative contracts are considered like other contracts in terms of their interpretation, as they are subject to stable principles, although they have some privacy, especially with regard to fluctuations in economic conditions. And whether the errors are minor or serious, and other defects that may taint the contract. Before entering into any interpretation, this ambiguity is one of the defects of satisfaction that afflict all contracts.