THE CHARACTERISTICS OF THE ADMINISTRATIVE CONTRACTS

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REZAEIZADEH M.J.

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Journal: PRIVATE LAW STUDIES Year:2008 | Volume:38 | Issue:2 Page(s): 135-151

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Information Journal Paper

Title

THE CHARACTERISTICS OF THE ADMINISTRATIVE CONTRACTS

Author(s)

REZAEIZADEH M.J. | Issue Writer Certificate

Keywords

ADHESION CONTRACTSQ2

ADMINISTRATIVE CONTRACTSQ2

BILATERAL ACTIONSQ3

CONTRACTUAL FREEDOMQ3

OBLIGATIONSQ2

PUBLIC LEGAL PERSONSQ2

PUBLIC SERVICESQ3

PUBLIC SERVICES AGENCYQ3

THE ADMINISTRATIVE ACTIONSQ3

Abstract

In this paper I am going to discuss the characteristics of ADMINISTRATIVE CONTRACTS. These contracts are very important for the PUBLIC LEGAL PERSONS because they are used by these persons as an instrument in order to intervene in economy. This importance is examined by the numbers of contracts that are entered into by administrative organizations and by the system of the managing, which caused some authors called them as "the organization of contract" and also representing them as a new form of management of public' welfare that are on base of consenting instead of being authoritarian. The existence of PUBLIC LEGAL PERSONS in a contract by taking advantages of public power is caused that some scholars consider these kinds of actions comparable to regulation instead of being a contract. Therefore it is required to distinguish the signs that make an administrative action as a contract and also it is required to distinguish the elements of administrative contract from other general contracts that an organization enters into with private parties. The administrative organizations employ not only the ADMINISTRATIVE CONTRACTS that are under special rules of public law but also they can use general contracts which are under the private law rules. The second group of contracts is not considered in this paper. The consideration of the characteristics of ADMINISTRATIVE CONTRACTS illustrates that they have comprised by two main elements of organization and purpose. According to organization element of an administrative contract one of the parties should be a public legal person, which have own exceptions. The purpose' element of an administrative contract should serve PUBLIC SERVICES or have some exception clauses which are not principal in general contract law.

Cites

THE RIGHT TO TERMINATE AND DISSOLUTION OF GOVERNMENTAL CONTRACTS (THE ANALYZE OF PROVISIONS OF GENERAL CONDITIONS OF CONTRACT)

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APA: Copy

REZAEIZADEH, M.J.. (2008). THE CHARACTERISTICS OF THE ADMINISTRATIVE CONTRACTS. PRIVATE LAW STUDIES, 38(2), 135-151. SID. https://sid.ir/paper/124912/en

Vancouver: Copy

REZAEIZADEH M.J.. THE CHARACTERISTICS OF THE ADMINISTRATIVE CONTRACTS. PRIVATE LAW STUDIES[Internet]. 2008;38(2):135-151. Available from: https://sid.ir/paper/124912/en

IEEE: Copy

M.J. REZAEIZADEH, “THE CHARACTERISTICS OF THE ADMINISTRATIVE CONTRACTS,” PRIVATE LAW STUDIES, vol. 38, no. 2, pp. 135–151, 2008, [Online]. Available: https://sid.ir/paper/124912/en

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