The legal basis for administrative control over administrative contracts is in progress (descriptive study) | ||
Journal of Anbar University for Law and Political Sciences | ||
Article 6, Volume 12, Issue: 2 part 2, December 2022, Pages 212-231 PDF (1.33 M) | ||
DOI: 10.37651/aujlps.2023.177007 | ||
Author | ||
Ahmed Hamandi Yahya | ||
Abstract | ||
Through this research, the researcher seeks to clarify the legal foundations for the administrative oversight of the administrative contract, as it represents the important exceptional tool that enables it to review and scrutinize the interests it sponsors, especially when its oversight exceeds the narrow meaning of supervising the work of the contractor with it in implementing the terms of the contract, in addition to the broad oversight aspect that It reaches the intervention and direction to direct in the conditions and how to implement, especially since its control authority does not need to be included and stipulated in the terms of the contract, as it derives this authority from the subjective nature that distinguishes the administrative contract, which is based on the primacy of the public interest over private interests, to ensure the achievement of The principle of good functioning of the public facility regularly and steadily. | ||
Keywords | ||
basis; legal office; contracts; administrative; Implementation | ||
References | ||
Abd al-Basit, Muhammad Fouad . Administrative Law, Cairo, Dar al-Fikr al-Jami`, without a year of publication.
Abdel Aziz, Hossam Mohsen . The Authority of the Penal Administration in Imposing the Late Fine in the Administrative Contract and Its Guarantees (Comparative Study), Cairo, The Arab Center for Publishing and Distribution, 1st edition, 2018.
Al-Aqidi, Manal Dawoud . The Administration’s Authority to Oversee the Implementation of the Administrative Contract, an article published on the Internet on the Mohamah Net website, at the link: https://www.mohamah.net/law.
Al-Attar ,Fouad . Principles of Administrative Law, Cairo, Dar Al-Nahda, 1976.
Al-Fajrawi, Omar . The Role of the Financial Supervision Bureau in Executing Public Expenditures, a master’s thesis submitted to the College of Law, University of Mosul, 2011.
Al-Halfi, Hisham Muhammad Hammoud . The authority of the administration to impose penalties on the contracting party with it in administrative contracts, a research published in the Journal of the College of Basic Education / Al-Mustansiriya University, Volume 23, Issue 97, 2017.
Al-Jarf, Taima . Administrative Law, Cairo, Arab Renaissance House, 1978.
Al-Jubouri, Fawaz Khalaf Dhaher Hassan . Overshooting the Regional Decentralized Administrative Bodies in Iraq (A Comparative Study), Master’s Thesis, College of Law, University of Tikrit, 2011.
Al-Saleh, Qatada Saleh . The Legal Organization for Oversight of the Work of Local Bodies in Iraq, a comparative study, Master’s thesis, College of Law, University of Karbala, 2013
Al-Sayyat, Asi | ||
Statistics Article View: 2,096 PDF Download: 19 |