The rights of third parties derived from the administrative contract towards the administration and its authority to impose administrative penalties on the contracting party
Keywords:
- The rights of others. - Administrative contract. - Administrative penalties. - The rights of others towards the administration.Abstract
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.
References
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
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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.
