Constraints on freedom of administration at the conclusion of their contracts


Abstract in English

The conclusion of contracts between persons of private law but is simple, as the basic condition for the existence of the contract is the availability of two wills: Accept and affirmative, to be after the conclusion of the contract, and this is common between civilian contracts and management contracts, but the conclusion of administrative contracts him different from the conclusion of contracts between the mechanism individuals, and this mechanism stems from the existence of certain conditions administrative contract that distinguish it from other particularly essential requirement is that the administration is a party to the contract, the expression of their will be different in terms of legal what it is about the expression of the will of the people is the objective nature, while the expression the will of individuals but rather a personal nature. Based on the above, the Privacy carried by the conclusion of the administrative contract theory, reflected in the legal reality through the Constraints on the administration at the conclusion of their contracts, it was not necessary to clarify these restrictions and stand on the impact between the administration on the one hand and individuals on the other.

References used

الحسين, محمد – نوح, مهند, 2008 - العقود الإدارية, منشورات جامعة دمشق, دمشق.
سلوم, صبحي, 1991 - موسوعة العقود, ج 1, بلا ناشر.
العطار, فؤاد, 1976 - القانون الإداري, دار النهضة العربية, القاهرة .

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