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Document Type

Original Study

Abstract

The administrative contract includes exceptional conditions that are unfamiliar in private law contracts and are inconsistent with the principle of equality between the contracting parties. These conditions are the administration’s right to make amendments to the contract during implementation, its right to rescind the contract, impose delay fines, and other privileges that the administration can exercise by its own will, without the consent of the contractor. However, if the administration tends to use these privileges, it aims only at the public interest because it is restricted to its scope according to the law. It can be said that these privileges are a clear feature or one of the most prominent distinguishing characteristics of the administrative contract, and that there are basic principles that govern the contracting process in the tender system. The law has granted the administration the authority to contract with some entities for multiple reasons in response to the requirements of the public interest, which requires an examination of the rules that govern this matter to achieve the public interest on the one hand and protect the rights of the contracting party from harm on the other hand." .

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