The rights of third parties derived from the administrative contract towards the administration and its authority to impose administrative penalties on the contracting party
الكلمات المفتاحية:
- The rights of others. - Administrative contract. - Administrative penalties. - The rights of others towards the administration.الملخص
The rights of third parties derived from the administrative contract towards the administration and its authority to impose administrative penalties on the contracting party ,are considered the basis of the bond between them, which includes forcing the obligor to respect the terms of the contract and the necessity of equality between beneficiaries before public facilities. At the same time, the administration imposes administrative penalties on contracting with it when he breaches his contractual obligations that included in the terms of the administrative contract.
We must point out that the obligor does not have to unjustly abstain from providing his services to everyone who meets the conditions for benefit, because the administration aims, through the implementation of the administrative contract, for public benefit and the public interest, and that the beneficiaries have the right to demand the administration to intervene and oblige the contracting party with the administration to respect the terms of the contract, in addition to their right to sue the obligor directly.
المراجع
Sources:
First: Books:
D. Ibrahim Taha Al-Fayyad, Administrative Contracts / University of
Mosul / 1990.
D. Ibrahim Taha Al-Fayyad, Administrative Law, first edition, Al-Falah Publishing and Distribution Library, Kuwait, without mentioning the year of publication.
Balawi Yassin Balawi/Compressive penalties in the administrative contract/Dar al-Kutub Misr 2011
D. Hussein Darwish Abdel-Al / The General Theory of Administrative Contracts / Part 2, 1st Edition / Anglo-Egyptian Library / 1958.
D. Khaled Khalil Al-Zaher / Administrative Law / 1st edition / Dar Al-Masirah for Publishing, Distribution and Printing, Amman / 1997.
D. Suleiman Muhammad Al-Tamawi, General Foundations in Administrative Contracts, fourth edition, Dar Al-Fikr Al-Arabi,
Cairo, 1984.
D. Suleiman Muhammad Al-Tamawi, Al-Wajeez in Administrative Law, Ain Shams University Press, Cairo, 1986.
D. Suleiman Muhammad Al-Tamawi / General Foundations of Administrative Contracts / Dar Al-Fikr Al-Arabi / 1st edition / 1957.
D. Abdel Aleem Abdel Majeed, The limits of deviation of the administrative contract to others, without mentioning the publishing house, Cairo, 2004.
D. Aziza Al-Sharif / Studies in the Theory of the Administrative Contract / Arab Renaissance House /
D. Muhammad Fouad Muhanna, Individual Rights vis-à-vis Public Utilities, Al-Shaer Press, Alexandria, 1970.
D. Majid Ragheb Al-Helou / Administrative Law / University Press House 1987.
D. Maher Saleh Allawi / Administrative Law / Dar Al-Kutub Directorate for Printing and Publishing / 1989.
Mazen Lilo / Administrative Law / Beirut 5th edition / 2019
Second: Constitutions and laws
The Permanent Iraqi Constitution of 2005.
Iraqi Civil Law No. 40 of 1951
Third: Theses and dissertations
Muhammad Abdullah Hammoud / Administration’s authority to terminate its administrative contracts / Master’s thesis submitted to the College of Law and Politics / University of Baghdad 1983.
