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Register a new userDetermining the Price and Its Legal Status in the Administrative Contracts (Comparative Study)
تحديد الثمن و طبيعته القانونية في العقود الإدارية (دراسة مقارنة)
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إذا كانت نظرية العقود الإدارية قد اعترفت بسلطات واسعة لجهة الإدارة في مواجهة المتعاقد معها، فإن هذه النظرية حرصت في ذات الوقت على ضمان حقوق المتعاقد المالية، تلك الحقوق المستمدة من العقد الإداري نفسه إضافة إلى القواعد العامة (قواعد القانون العام) .
Having the administrative contracts theory recognized the vast powers of the administrative body against the contractor with; it also takes into consideration, at the same time, to ensure that the contractor's rights which are derived from the contract and the general rules in order to ensure a balance between the administrative body and the contractor.
References used
د. عادل عبد الرحمن خليل، المبادئ العامة في آثار العقود الإدارية و تطبيقاتها، دار . النهضة العربية ، 1995
د. عاطف سعدي محمد, عقد التوريد بين النظرية و التطبيق, دار الفكر العربي, القاهرة, 2005.
قانون المشتريات الفرنسي رقم 975 لعام 2006.
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Administrative contracts are characterized by a fundamental
characteristic, namely, that the contractor performs his own
obligations imposed on him under the contract, The principle of a
person to the contractor, plays a very important role in the field of
administrative contracts due to the strong relation between
administrative contracts and Public utility.
The public administration powers means, the legal means
that the administration has in the stage of executing the contract
which would make the contract achieve the purpose for which it was
concluded. When the public administration contracts with
an
individual and becomes a helper, it does not waive nor may it
waive, the rights and privileges of public authority, Enjoy them as
functions exercised under common law.
The administration also has its preventive function
represented in keeping the system according to what is familiar with
the jurisprudence and the judiciary, through the administrative
carries out a penal function. The essence of their distinction
is that
the former is aimed at preventing disorder, while the second is to
punishing violator . In the sense that the first encounter the defect
before it occurs while resorting to the second after the occurrence of
the defect actually.
The international contracts of technology transfer are considered to be one of the
most important agreements for the undeveloped countries for many reasons, firstly
through these contracts the undeveloped countries could fill the gap between them
and developed countries technically, ofcourse if they did well, secondly these
contracts can also help the undeveloped countries to attain the growing levels which
enable them to achieve prosperity and welfare for their citizens, still, those contracts
arouse suspicions and they can lead to several lawful issues- yet I tried concentrating
on preparing stage which precedes making an agreement and the responsibility of
parties, for that what motivates me for that is the absence of lawful texts which
regulate this phase inspite of its important. through this research I have tried to
enlight some legal aspects about the contract negotiations, the preparing agreement
other issues following the comparable approach thereby. ...
This paper presents a technique for the identification of participant slots in English language contracts. Taking inspiration from unsupervised slot extraction techniques, the system presented here uses a supervised approach to identify terms used to
refer to a genre-specific slot in novel contracts. We evaluate the system in multiple feature configurations to demonstrate that the best performing system in both genres of contracts omits the exact mention form from consideration---even though such mention forms are often the name of the slot under consideration---and is instead based solely on the dependency label and parent; in other words, a more reliable quantification of a party's role in a contract is found in what they do rather than what they are named.
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