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تنفيذ العقد الاداري من غير المتعاقد مع الادارة == Executing The Administrative Contract By The Non Contracting Party With The Administration
Author name:
انعام عبد ثجيل
Supervisor name:
علي احمد حسن اللهيبي
General topic:
Law
Specific topic:
Administrative Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1461 - p.pdf
Abstract:
The general principle in the special law in the field of the civil contracts is governed by the relativeness of the contract's effects, i.e. the effect of the contract is not valid for the non contracting parties, but this principle is different in the field of the administrative contracts as the effects of the administrative contract may be valid regarding the other when this last one executes the contract. The administrative contract is not executed in all cases by its parties as there are contracts not executed by the contracting party or it can not execute them without the interference of others, and this is confirmed by the practical reality. And the execution of the administrative contract by the non contracting party with the administration may be agreed by the contracting administrative entity or it is done without getting its approval, and despite that the other may execute the contract without the approval of the administrative entity, the law protected it to obtain its rights due to its administrative contract execution when certain conditions are available. And there are many forms of executing the administrative contract by the non contracting party with the administration; hence, there are many contractual relations and effects. But the study examined the most important practical applications for executing the administrative contract by the non contracting party with the administration, as it examined three practical applications which are : executing the administrative contract by the others due to work withdrawal from the contracting party when this last one breaches the execution of its contractual obligations as the administration transfers the contract to others to execute the obligations of the original contracting party.Also,the execution of the administrative contract by the non contracting party because of sub - contractiog when the sub - contractor (the other) contributes to the execution of the administrative contract which happens mostly when the works to be executed in the contract are various and the contract is divisible.Also, the study examined the form of executing the administrative contract by others due to assigning the contract as a result of specific circumstances encircling the contracting party that prohibit it from executing its contractual obligation.The study dealt with the subject's items under three chapters preceded by an introductory topic in which I examined the aforementioned applications and problems and their effects along with indicating the position of the judiciary and the jurisprudence of the studied countries
