procedural and substantive safeguards against the late fine before and during its signing in the Administrative contract (study of the Bishops)

  • Hassan Mohamed Ali Hassan Al Banan

Abstract

Concluded the General Administration aggressive implementation of the tasks and responsibilities entrusted to it several management contracts and subject these contracts to a different legal regime for the legal system that regulates and governs the ordinary individual contracts, and the manifestations of this difference authorities and privileges granted to the authority of the public administration, and in return guarantees legally contractor with the administration to protect it from arbitrariness of the administration or exit from the principle of legality, and vary opposite guarantees to the two main types, warranty procedural of excuses, which is the former guarantee to impose a penalty delay penalty, or outside the penalty system, which is considered excuses due technically in French legislation, an exception in the penalty withdraw the work in Public works contracts, the substantive and security, which is inside the penalty system, which falls within the framework of the decision to impose a delay penalty, and most of the necessary legislation and public departments to comply with this warranty.


 

Published
May 23, 2018
How to Cite
HASSAN AL BANAN, Hassan Mohamed Ali. procedural and substantive safeguards against the late fine before and during its signing in the Administrative contract (study of the Bishops). Tikrit University Journal for Rights - مجلة جامعة تكريت للحقوق, [S.l.], v. 6, n. 30, p. 366-400, may 2018. ISSN 2663-8983. Available at: <http://tujr.tu.edu.iq/index.php/t/article/view/267>. Date accessed: 18 nov. 2019. doi: http://dx.doi.org/10.25130/rights.v6i30.267.