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الاهمية الاستراتيجية لمضيق هرمز في الادراك الاستراتيجي الايراني == The Strategic Importance Of The Strait Of Hormuz In The Iranian Strategic Perception

اسم المؤلف: زمن كريم علي طهماز
اسم المشرف: موسى محمد ال طويرش
الموضوع العام: العلوم السياسية
السنة: 2017
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تناول موضوع الدراسة الموسومة (الاهمية الاستراتيجية لمضيق هرمز في الادراك الاستراتيجي الايراني) الموقع الجغرافي لمضيق هرمز ومميزاته الجيوبوليتكية واهميته الاقليمية والدولية وكذلك بكونه الممر الحيوي للنفط والتجارة العالمية، واثر المضيق في سياسة ايران الخار | I Deals with the subject of study entitled ( Strategic importance of the strait of Hormuz in Iran`s strategic perception) the geographical location of the strait of Hormuz and features of the geopolitical and regional and international importance , as well as being a vital corridor for oil and global trade and the impact of the strait in Iran`s foreign policy. The study divided into four chapters ; the first chapter, the geographical location of the strait of Hormuz and the importance of political and strategic strait , The secod chapter , about the regional importance of the strait of Hormuz for each of the Gulf states and Asia , Third chapter deal with international importance of the strait of Hormuz in terms of being important to both the united states and the European union , Russia and the federal , and the Fourth chapter included the impact of the strait of Hormuz in Iran`s foreign policy , which focuses on Iran`s economic and military capabilities and the dispute over Alomartah islandes and the Iranian nuclear program and the possibilities of strategic situation of the strait of Hormuz. The study found number of conclusions including the persion Gulf and the strait of Hormuz site is a link between the East and the west , that the discovery of the road leading to the persian Gulf and the strait of Hormuz since ancient times to open the wide range of western countries to the conflict in order to extend its influence and ambitions to the persion Gulf and control its wealth and its economy has evolved its importance of the strait of Hormuz after the discovery of oil which is the base engine to the wheel of the global economy ; The strait of Hormuz being represents the bottleneck of the bay , which is on the import and export its way , as well as through which to connect to the Gulf states regional and international world if dependent Asian countries including ( Japan , China , India and south korea) heavily on imports , which come about from the export of goods to the Gulf states , which represents the foundation supplier to these countries as well as on imports from the (oil) which represents the lifeblood of these countries. In addition to the Arabian Gulf and the strait of Hormuz area it represents a central point in united state policy and strategy for the provision of its control over the middle East and curb Iran`s role in the Gulf region ; If the united states is trying to confront Iran through its bases stationed in the Gulf waters and monitoring Iranian moves and play in the development of its nuclear program and military capabilities thus increase the sanctions in place and try to fixed within their borders. From here we can say that geography has provided service to the Islamic Republic of Iran to defend themselves and stand a gainst ambilions in the region , which is trying to contain Iran and weaken the power of.

السياسة الخارجية العمانية اتجاه الولايات المتحدة الامريكية في عهد السلطان قابوس بن سعيد == Oman'S Foreign Policy Toward The United States Of America In The Era Of Sultan Qaboos Bin Said

اسم المؤلف: رؤى بديوي حمزة عبيد
اسم المشرف: نوار محمد ربيع الخيري
الموضوع العام: العلوم السياسية
السنة: 2017
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The Oman's foreign policy towards the United States of America, historical and distinct return to 1832 despite years of decline and dropout, but it's returned to the interaction and communication in the era of Sultan (Qaboos bin Said) in 1970 and it's characterized over the years of his era by Stability ,and perhaps this is because of shared visions and attitudes towards a variety of situations and regional and international issues and because of the multi shared cooperation between two countries and that's back for the due to the presence of several motives stir the Omani foreign policy direction towards the United States of America and these motives are the main reasons for the trend of Oman's foreign policy toward the United States of America because Sultanate of Oman seeks to achieve its national interests. these motives revival the cooperation between the two countries, the cooperation has included many fields and these are political ,economic, security and military cooperation. Sultanate of Oman has reported of the total areas of cooperation with the United States in develop itself on the level of security and economic.Abstract bSeveral regional and international issues have affected the Omani foreign policy towards the United States of America and push for strengthen the cooperation between the two countries and maintain its continuity. We found that Oman's foreign policy in the era of Sultan (Qaboos bin Said) has been able to achieve the purpose and the goals of the orientation towards the United States of America

الاهمية الجيوبولتيكية لليمن في الصراع الاقليمي == Geopolitical Importance Of Yemen In The Regional Conflict

اسم المؤلف: حسن كريم محمد الشمري
اسم المشرف: موسى محمد ال طويرش
الموضوع العام: العلوم السياسية
السنة: 2017
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Yemen, a country located in the south - west of the continent of Asia, and very Gioboltkih position on the regional and international level as overlooking the front freely, and around 2400 km stretch south of the Red Sea to the Gulf of Aden and the Indian Ocean and the Arabian Sea, as well as governed by the entrance to the Strait of the strategic Bab al - Mandab, which enhances the its importance and makes it a strategic objective for the forces of greedy regional and international as well as possession of Yemen to the large number of sawmill islands in the Strait of Bab el Mandeb, the Red Sea and the Indian Ocean that their impact on the supervision and control of the international shipping because it is a cross between the east and west region and its proximity to the Horn of Africa, and the proximity of the two Arab countries important and two members of the Gulf cooperation Council (Saudi Arabia - Oman).Al gioboltkih value of Yemen has increased the size of interference and external interests them, as passed to Yemen many external attacks throughout the ages, seeking to get a foothold in, and the Yemeni resistance has succeeded to bring the British occupiers and got Yemen gained independence in 1967 after a resistance that Really wonderful revolutionary movement of Yemen.Characterized Yemen sizeable area of the rugged terrain and the difficulty of its territory and the large number of its population made it a sprawling state is difficult for the state to control and so, mainly because of the heavy historical legacy of internal and external conflicts, as well as the weakness of the Yemeni economy and the lack of raw, agricultural and industrial resources and dependence on foreign aid, as well as the adoption of a large number of Yemenis on remittances of Yemeni workers in the Gulf countries, and strained state budget military armament, which weighs from placed upon it, popped to us some of the phenomena in Yemeni society Kproz the phenomenon of terrorism in some southern and eastern provinces or the emergence of the phenomenon of piracy near the coast of Yemen in the Gulf of Aden and the ocean Indian.vdila for the emergence of some of the armed movements in the north and separatist movements in the south than in a state of political and security stability to Yemen to make way for foreign intervention in the internal affairs and generated a number of results, including the spread of poverty, unemployment and disease among the citizens is spreading fear and murder, became some areas a safe haven for murderers and fugitives and terrorists, and the absence of the power of law and order and rampant chaos, tribal, and took the feuds, the economic downturn and technological, educational, health, corruption of government departments and the spread of corruption prevalent in most aspects of the state, forming a bloc to oppose its goal the removal of the political system.The reasons and the results reported in the case of non - Yemeni political stability, as well as external factors, among which was the spark of the Arab revolutions are the main reasons that toppled the Yemeni political system and the revolution of February 11, 2011.It sought the Gulf Cooperation Council states, led by Saudi Arabia to set the tone for the political landscape of the Yemeni and control of the situation by offering a Gulf initiative to resolve the crisis and exit the outputs of the planned national dialogue that includes all the main Yemeni parties representatives and form a government in line with the visions Gulf and Saudi Arabia, but did not succeed contain the scene because of the failure to provide basic services to citizens and gave legal immunity to the former President and his aides, so some of the anti - Saudi parties and worked for this initiativeThis agreement to launch a new agreement called for ((peace and national partnership)), and announced to impose their control over the capital, Sanaa, and bring people who are competent in the government, which led to Ataad Saudi Arabia and do Arab and Muslim alliance.To change the course of political life in Yemen, and that they might hit the interests in Yemen and the control of the parties not to reconcile with her, as Saudi Arabia is that it weakens the regional authority and the growing presence of rival states in Yemen, Iran is a model for a foothold near and the Strait of Bab el Mandeb , so it launched operations on behalf of the (storm packets), followed by the process as the (restore hope), in order to return to work outcomes Gulf initiative and the national dialogue and resulted with him, but the Yemeni situation has witnessed the ebb and flow, as witnessed new alliances enemies of yesterday are friends today, and the conflict is still heated between wanted a different outcome dead and wounded and houses destroyed and people displaced circuits Off despite mediate Kuwait and Oman, but failed in mediation and come up and stop the fighting and the conflict, the next period could see the entry and mediations on the larger level invite the rival sides to sit down to dialogue and exit agreement satisfies table All parties under the UN auspices and the intervention of the UN security Council and the closest scenario to reality, because such cases do not end by zero theory, but the course of events ends to the theoretical non - zero Finally these words of mine and Praise be to Allah, ask Almighty and in order to enjoy security and the security of the country Yemen brother and bring him back to the country Happy Yemen

التنظيم الدولي للمناطق المحمية == The International Regulation Of Protected Areas

اسم المؤلف: اسراء صباح جاسم
اسم المشرف: يحيى ياسين سعود
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدولي العام
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: It becomes a very well known that the war has become one of the things that imposed itself on the ground. But we cannot claim the elimination of this scourge at once. Therefore, the international community is striving to mitigate its severity, and this relentless pursuit casts burden on the conflicting parties to take a number of methods and preventive measures for the protection of victims of armed conflicts.One way to provide protection to victims and persons who are being targeted during armed conflicts is to create places of protection. This is done by preventing the fire from reaching the war to those areas, and then to spare civilians from the tragedies of armed action.The importance of protected areas is become from being related with one of the most important sources of human presence and survival. They protect human dignity of assault by the protection offered to present, based on that is gaining increasing attention to these areas, particularly with the increasing armed conflict due to the growing vulnerability of civilians, the wounded and sick combatants and the effects of these conflicts. It is my sense of importance that they came into being while the world is watching what my country - Iraq - has been suffered the violation of the simplest human rights and rule of humanitarian International law by ISIS terrorist entity.According to what have been said, and hoping to add another brick in the edifice of humanitarian international law, we will try to answer the following questiono : Did protected areas contribute to alleviate the tragedies of war, and to what extent? And whether the rules of Humanitarian International Law were effective or ineffective in the regulation of protected areas and the protection of them during armed conflicts.To answer those questions, I talk in this study on the concept of protected areas by define the term and illustrate the principles which govern and prottect them. Then I show the justifications of the establishment of such zones, and reached that the goal of the creation of them is to protect the affected persons and protected objects. After that I clarified the role of international organizations on protected areas, particularly the United Nations Organization as responsible for the maintenance of international peace and security, the International Committee of the Red Cross as an official sponsor of the international humanitarian law, Finely I showed the International responsibility arising from the damage of protected areas, and came to a result that such damage to those areas forms an international crime requires accountability of perpetrators

الحلول القانونية لعوارض تنفيذ عقد امتياز المرفق العام وتصفيته : دراسة مقارنة

اسم المؤلف: هدى تحسين الياس
اسم المشرف: علي احمد حسن اللهيبي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تعالج هذه الرسالة موضوعا حيويا له اهمية كبيرة في المجال الاقتصادي بشكل عام ويؤثر على المرفق العام بشكل خاص، الا وهو عقود الامتياز، فقد تلجا الادارة الى ابرام عقود الامتياز باشكاله كافة مع القطاع الخاص من اجل تحقيق الاهداف، وتلبية احتياجات المجتمع المتزا | This study deals with a vital subject with big importance in the economical field generally, and affects the private facility particularly, the administration may go to seal all types of privilege contracts with the private sector in order to achieve the goals and satisfy the growing needs of society, where some believe that the public sector has a difficulty with managing the big projects for all public facilities, because of the inability to provide necessary finance and credits to implement these projects, thus, it was important to think about attracting investments to construct and develop these projects, spatially the infrastructure constructing, and since these projects are large and risky because of the big amounts of spent money to achieve them, then they must be implemented accurately, and it takes the management to give up some of its control and aim to implement the mutual commitments of the contracting parties.And no matter how much the effort was to fulfill the contract commitments between the contract parties, some unexpected obstacles may appear and they are hard to be handled or anticipated according to the ordinary standards of things, thus it becomes hard to fulfill these contract commitments with the presence of these obstacles.Therefore, solutions must be found for managing the crisis that public sector is subjected to, and try to dissolve the obstacles that object it, to maintain it and present its services to the beneficiary people regularly and steadily.Our motivation to choose the subject of the study was to know the legal solutions that were founded by the legislator, the judicial system and the jurisprudence to avoid these setbacks.This study was divided to an introductory part and three chapters; the introductory part addressed what is the public facility privilege contract, and this was subdivided into two requests, the first defined the public facility privilege contract and explained its characteristics and the legal types for these contracts, and we distinguished it form the similar other systems, while in the second request we addressed the modern development for the public facility privilege contract by defining the modern privilege contracts and distinguishing it from its similar concepts, also knowing the its importance through its privileges along with its set back points that effect it.The first chapter was about the public facility privilege contract incidents through dividing it into two parts, in the first we issued the respective impossibility for executing the incidents of the privilege contract that require keeping contract execution despite of the cost increment that results with a financial overstrain for the contractor or the project company.And this part is also sub - divided to three requests; in the first we mentioned the emergency conditions incident through identifying it and knowing the required conditions for it. In the second request we issued the mismanagement whether it was by its mistake or not, and in the third request we explained the unexpected financial difficulties that makes the contract execution more exhausting for the contractor. And we studied in chapter II legal solutions for public facility concession contract disabilities : by dividing it to three topics, in the first one we discussed compensation by defining it, knowing its types and how to calculate it when concession contract disability accrues, in the second section we studied abrogation through defining it and knowing its basis, and identify its types that may approach concession contract, in the third section we showed suspension by identifying it, show the conditions of obligation to it and the impact of the suspension on a concession contract annex. And we studied in chapter III legal solutions to filter the public concession contract : by dividing it into two sections, the first section we studied settling, distinguishing it of its similarities and the resolving mechanism of disputes arising therefrom, in the second section we discussed about how to conduct public facility settling through knowing the fate of labor contracts made with annex users and workers, also find the free returned money to the State from those returning with a compensation and also we studied how to setter financial accounts between the parties of the annex concession contract.

المركز القانوني لقائد الطائرة == The Legal Position Of Aircraft Commander

اسم المؤلف: مهند موسى جاسـم
اسم المشرف: فاروق ابراهيم جاسم
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The pilot is regarded as a president of a state in the society that exist on board because of the remoteness of the aircraft from state authorities.It may be subjected to an emergency without control or surveillance or without supervisor from the governmen. Accordingly it was very necessary to have an authority on board works as government or does state responsibilities specially keeping order and security on board. The pilot was most proper person to be authorized such a responsibility and difficult task.Because of such difficult task , the international treaties , agreements and laws had put many compulsory obligations and conditions which should be available in the pilot. There were many differences among the specialists about the nature of the job of the pilot and the nature of this contract between him and the airways investor. Some of them prefer that the signed contract should be work contract with special nature due to some great difficulties about innocence work contract.Here we can call it " air work contract ". As the aircraft is the main instrument used in this case and used specially by the pilot , then we must refer to speaking about that subject before talking about the pilot personally. Also the air safety depends fundamentally upon the used aircraft in flight; therefore there should be some special conditions and characteristics available in that instrument. The pilot has wide authorities whether upon the passengers or the aircraft crew that exist on board or even the corresponding and communication on board. Anybody got such capacity , abilities and powers , he must have good qualifications and knowledge. Basing on such information and description, the success of air flight or it failure depends in fundamentally upon the competence and qualifications of the pilot. Dealing with such a subject needs explanation about the powers and responsibilities of the pilot., specifying the law concerned which should be applied on board , action which may or should be executed on board , events and behaviors that may occur during the air flight. Because the pilot has great and wide authorities and power , it was natural that the responsibilities should be in the same level with those authorities and powers.. He is completely responsible for all his conducts , behaviors and any action he does ob board. But still some of these behaviors may lead to catastrophe mistakes. Any mistake committed by the pilot may lead to destroying and crashing the aircraft and death of the passengers on board and the crew also. Accordingly the pilot will be responsible for the consequences of his mistake ;therefore he feels always that he has great and hard responsibility required from him attention and watchfulness , although some pilots cannot bear such consequences ;therefore the international laws specified the pilot's responsibilities and duties against special amount as with air investor

المركز القانوني للمهندس في عقود الاشغال العامة : دراسة مقارنة == The Legal Status Of The Engineer In Public Works Contracts Comparative Study

اسم المؤلف: زياد طاهر جعفر
اسم المشرف: علي احمد حسن اللهيبي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: It is assumptive and well known that the contract is an agreement between two wills to bring about a certain legal effect.The contract of public works is one of the important management contracts because of its connection with the economical and social development plans and its relation to the public money.It is often used in the implementation of key projects to facilitate and conduct the public utility regularly and steadily aiming to maintain the public interest, and it follows a manner of Public law by including uncommon conditions comparing to private law contracts.With the birth of each contract of these contracts, mutual and shared obligations and rights will be initiated between them (The Administration or the management) and the contracted party, as the administration is a legal public entity consisted of human element that represent it and lead its functions, it requires them to rely on capable people to carry out these obligations and maintain their rights regardless of the legal association that links the management and the employees, whether contractual or regulatory and organizational relationship.They represent a specialised staff which by them it achieves its goals, and facing what may arise due to changes during the execution of the contract, there is no doubt that the construction engineer is the most prominent and outstanding personality among the staff, whether natural person or an entity, due to his/her or its technical capabilities and skills and the performance of featured mind, efficient and professional experience that made the management select him/her or the entity and no one else to represent it when dealing with the contracted party.Taking into account the personal profile as a criterion in choosing him/her or the entity and assigning many roles, starting from providing engineering advice and prepare designs and preliminary maps and conduct a feasibility study for the project, through the supervision, direction and control over the proper performance of the works, and finally the primary hand over and testing the efficiency of the work done.With the growing role of the construction engineer in public works contract , whether domestic or international , which prompted law commentators to research and investigate the role reality, even some of the scholars went on affront to say that the construction engineer is part of the contract , after the various Iraqi legislation have included this role by many laws, instructions and regulations to assign that role and determine its extent which was the cause for initiating this study of the legal status of the engineer in public works contracts , and explore this role thoroughly and in details.The study has conducted an in - depth and comparative research with France and Egypt Legislation and judiciary and jurisprudence, as well as what have been brought by successive copies of FIDIC contracts in order to elucidate the nature attributed to the engineer role in such contracts, and the implications of the duties of many tasks assigned to the engineer which have branched and varied between what is technical or financial or legal, with a clarification of what entails those duties of the entitled material/monetary or moral rights for his/her services, based on the idea of tying the balance between the right and the duty, being the foundation of defining the legal status and determine its scope, and the reliable balance in the stability of this role. Also the study sought to show what could affect the engineer's role when the responsibility is challenged, as one of the obstacles that could affect the pillars of this role causing alteration or cancels it.Eventually the study pointed to the most important findings and recommendations

التحلل من الالتزامات الدولية لضرورات الامن القومي == Depart From The International Obligations To Protect National Security

اسم المؤلف: ريا عبد الستار عبد الوهاب
اسم المشرف: هديل صالح الجنابي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدولي العام
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Is an exception concerning the protection of national security and effective mechanism to balance between the need for States to protect the general basic interests, and security interests in particular, and between commitments adhered to by States under the rules of international law, which is under a duty to respect, and without prejudice to them, and that the presence of this the exception is necessary to protect the security interests of the State in a manner not constitute the necessary measures to provide that a violation of the rules of international law in a manner leading to the international responsibility of the State concerned, is worth mentioning that the application of this exception protection measures must be made according to objective conditions and formality certain, and that is subjecting the application of this exception to the supervision of international justice, to reduce the arbitrariness of states in its application.And it will be the subject of our study of the concept of a statement of national security reasons and protection , in addition to discussing the sources of international obligations, and the legal basis for them out in order to apply the exception , and finally we will discuss the conditions necessary for the application of the exception, and international control of its application.

الحماية المدنية للمصنفات في اطار البث الفضائي الاذاعي والتلفازي : دراسة مقارنة == The Civil Protection For Classifications In The Sector Of The Satellite Broadcasting Radio & Television

اسم المؤلف: بيداء عبد الجبار حسوني
اسم المشرف: امل كاظم سعود
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The rapid technological changes and development in the field of media and communications has led to an unprecedented development in the world, and the emergence of new media environment represented in satellite has recede the role of traditional broadcast media and virtually fading.This development opened the doors of the debate over the legal control of satellite broadcasting in total disappeared of the geographical border between the states, so these satellites channel competing to attract the attention of a wider audience. The appearance of digital technology has facilitated the process of classifications copying with high accuracy and quality, so it became difficult to distinguish between original and fake.moreover using the internet to broadcast these classification without owners permeation led to great damages in the literal and finical rights of the creators of these works. So the broadcasting and televisions classifications can be described as the most kind of works that vulnerable to violation ,so it was urgent necessity to activate civil protection to these media classifications. this thesis has devoted to the study of civil protection of works and classifications that transmitted via radio satellite and television, it has been divided into three chapters. the first chapter devoted to identifying the protected classifications in radio , television ,satellite broadcasting sector and it composed of two parts the first one identified the radio ,television and satellite broadcasting ,while the second part dedicated to the definition of these media classifications in the sector of television ,radio, satellite broadcasting. the second chapter the protected rights that belong to these classifications and violation methods.it is divided into two sections, first one indicate the listed protected rights for these media classifications. the second section has included of violation methods of these classifications.the third chapter dedicated to the civil protection means of media classifications. it has divided into three sections the first includes material and Procedural protection, the material protection include number of actions that protect the classification from Violation ,while the procedural protection include procedures that taken by the court and the owner of the(broadcasting) rights to protect the media classifications. the second sections has been dedicated to Substantive protection and the last section dedicated to determine the applicable law to protect the classifications in the sector of television ,radio ,satellite broadcasting And this Thesis was concluded by conclusion containing a summary of the search in addition to a number of recommendations

تنفيذ العقد الاداري من غير المتعاقد مع الادارة == Executing The Administrative Contract By The Non Contracting Party With The Administration

اسم المؤلف: انعام عبد ثجيل
اسم المشرف: علي احمد حسن اللهيبي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: 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
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