The general legal framework for administrative and civil contract under the legislation and jurisprudence and the judiciary

Authors

  • Dr.. Salim Abdullah Ahmed Al-Jubouri

Abstract

Administrative law, in its provisions and principles, has a clear and broad participation in other laws in terms of legal texts and principles, such as constitutional law, in terms of provisions related to topics that fall into the core of administrative law, as well as criminal law, as it contains legal rules related to the job and the public employee, and the financial law mentioned in This aspect is in terms of the financial activity of the organizations, and this is what is included in the administrative law, in addition to the fact that they refer in their origins to the constitutional law due to the influence of the activity of the organizations on the political, social and economic reality. What concerns us in this field of our research is the close relationship between the administrative law and the civil law. And its principles on many of the provisions of the recent law, and in particular on the provisions, principles and theories that fall within the scope of the contract of all kinds, and the independent administrative law of additional and exceptional provisions in this aspect, which is the focus of our basic research. The aim of the research on this topic was to clarify and clarify the most important points and issues common, divergent or different to the legal rules and general principles that regulate other contracts, including civil contracts of various types, compared to the provisions included in the administrative contract in jurisprudence and law. In the disparate rulings, because of the provisions that are common to these contracts, and what may lead to confusion in ideas, trends, and jurisprudential opinions when comparing the administrative contract with other contracts, especially the civil ones, and this is from one side, and on the other hand, the sources and literature that discuss this subject are scattered and not many, and therefore it was It is correct to try to search in these aspects to unify the ideas, opinions, and provisions that regulate these contracts in our research. This is because the administrative contract is of great importance as a legal act with a meeting of two wills to carry out a specific activity or behavior that carries within it the realization of the public interest, directly or indirectly, in addition to the means necessary to complete it until the end of implementation.

Published

2023-08-08

How to Cite

[1]
د. سلیم عبد الله احمد الجبوري, “The general legal framework for administrative and civil contract under the legislation and jurisprudence and the judiciary”, jfath, vol. 12, no. 6, pp. 167–174, Aug. 2023.