Administrative contracts are one of the legal methods used by the administration to perfoim its services to its users on a regular and pennanent basis in order to achieve the public interest. However, the process of concluding administrative contracts raises many legal problems starting from the preparation stage to the execution stage. This raises many questions about the competent authority which Subject to such disputes, such that are subject to the abolition of the judiciary and some of them subject to universal jurisdiction. In order to cover the subject of the shidy under study, I tried to divide it into two sections. The first part deals with the disputes of the administrative contract subject to the jurisdiction of the comprehensive judiciaty and the implications thereof. While we devoted the secondsection to the abolition of the disputes and administrative contract disputes. Through our study ofthe subject under study, we conclude that the state'sorientation towards the contractual method, particularly in its relations with natural persons, generates many disputes, which require the intervention of the competent judicial bodies to broadcast them. As the administration enjoys extensive privileges vis-â-vis its contractor, the latter is always in dire need of a judicial body as a haven to resort to in case of abuse and breach of its obligations. In order to deal with its illegal actions and claim compensation for damages caused to its contractor. The origin of the disputes of the administrative contracts is that they belong to the full judiciary because the basis of the proceedings is the existence of a disputed right. Thus, the jurisdiction of the administrative judiciary extends to ever^hing related to the contracting process from the first procedure in its composition to the last result in the liquidation of all the rights and obligations that arose from it. The abolitionist case has a limited role in the area of administrative contract disputes as it belongs mainly to the fulljudiciary. This can be attributed to two main reasons: the case of cancellation can not be refereed to contracts. One of the conditions for accepting a cancellation action is to refer the case to an administrative decision. Can not be drawn into a contract, because the contract is the consent of the two wills while the decision is an expression of the will of the administration alone, but this does not mean in any way that the contract can not be annulled, but the scope as previously stated is total elimination . Important, namely that the annulment of the contract can only be reached by one of my parties E, because no one other than the contractors may file a claim based on the contract. That in the area of canceling can not be based on the administration's violation of its contractual obligations as a reason for requesting the cancellation of the administrative decision, the call for cancellation is a penalty for the principle of legality, and obligations arising from contracts are personal obligations.
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Birincil Dil | Arapça |
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Konular | Hukuk |
Bölüm | C. 2. S. 3 Araştırma Makaleleri |
Yazarlar | |
Yayımlanma Tarihi | 31 Temmuz 2017 |
Yayımlandığı Sayı | Yıl 2017 Cilt: 2 Sayı: 3 |