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

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VIJEH MOHAMMAD REZA; TANGESTANI MOHAMMAD GHASEM

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Journal: PRIVATE LAW STUDIES Year:2014 | Volume:44 | Issue:1 Page(s): 105-124

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Title

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

Author(s)

VIJEH MOHAMMAD REZA | TANGESTANI MOHAMMAD GHASEM | Issue Writer Certificate

Keywords

BALANCE OF CONTRACTQ2

CORRUPTIONQ2

MISCONDUCT OF CONTRACTORQ2

PUBLIC AFFAIRQ1

PUBLIC INTERESTQ1

Abstract

The Right to terminate and dissolution of administrative contracts is used because of two reasons: misconducts of contractors and maintaining the requisite of PUBLIC INTERESTs. In the first, the causes of it have been noted explicitly in the article of 46 of The General Terms of Contracts. But about the second, it is necessary to note that the article of 48 of The General Terms of Contracts giving much powers to the public authorities. The separations which have been drawn among the causes of termination of administrative contracts are not compatible with the standards of it in private law. Independence of administrative contracts law is not obstacle against observing the standards of separation among legal conception. Preserving financial balance in administrative contracts is requisite for logical regulating The Right to terminate and dissolution of these contracts. Giving much and unlimited powers to governmental employer not only leads to occurring administrative CORRUPTION, but also disturbs the balance of these contracts and prevents the presence and take parting of nongovernmental section in doing PUBLIC AFFAIRs, that would be incompatible with the PUBLIC INTERESTs requirements. It is necessary to note that the elements of principle of the Rule of Law, which are legal certainty and predictability, have not been observed in regulating the provisions of the Right to terminate and dissolution of administrative contracts in Iran.

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APA: Copy

VIJEH, MOHAMMAD REZA, & TANGESTANI, MOHAMMAD GHASEM. (2014). THE RIGHT TO TERMINATE AND DISSOLUTION OF GOVERNMENTAL CONTRACTS (THE ANALYZE OF PROVISIONS OF GENERAL CONDITIONS OF CONTRACT). PRIVATE LAW STUDIES, 44(1), 105-124. SID. https://sid.ir/paper/124994/en

Vancouver: Copy

VIJEH MOHAMMAD REZA, TANGESTANI MOHAMMAD GHASEM. THE RIGHT TO TERMINATE AND DISSOLUTION OF GOVERNMENTAL CONTRACTS (THE ANALYZE OF PROVISIONS OF GENERAL CONDITIONS OF CONTRACT). PRIVATE LAW STUDIES[Internet]. 2014;44(1):105-124. Available from: https://sid.ir/paper/124994/en

IEEE: Copy

MOHAMMAD REZA VIJEH, and MOHAMMAD GHASEM TANGESTANI, “THE RIGHT TO TERMINATE AND DISSOLUTION OF GOVERNMENTAL CONTRACTS (THE ANALYZE OF PROVISIONS OF GENERAL CONDITIONS OF CONTRACT),” PRIVATE LAW STUDIES, vol. 44, no. 1, pp. 105–124, 2014, [Online]. Available: https://sid.ir/paper/124994/en

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