The Impact of the Public Function Doctrine on Administrative Contracts

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

NAJARZADEH HANJANI MAJID

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Modern Technologies Law Year:2020 | Volume:1 | Issue:1 Page(s): 105-134

Download Full-Text

Persian Verion

View:

546

Download:

Cites:

Information Journal Paper

Title

The Impact of the Public Function Doctrine on Administrative Contracts

Author(s)

NAJARZADEH HANJANI MAJID | Issue Writer Certificate

Keywords

Administrative Contract

Public Function

Public Service

Contract Law

Administrative Law

Abstract

The doctrine of Public Function has fundamentally changed the classic concept of Public Services. Because this doctrine has denied the monopoly of personal and organizational criteria in recognizing Public Service and by resorting to some other criteria, some private sector activities are also considered Public Services in addition to the services provided by the public sector. The Public Function doctrine, by presenting a new concept of Public Service, also changes the criteria for recognizing Administrative Contract. Accordingly, any contract subject to Public Service, regardless of the personality of the contract parties, is considered an Administrative Contract. Thus, in such contracts, with legal supporting, it is possible to anticipate prerogative powers. In fact, a contract in which the parties are private, based on the existence of the subject of Public Services and the components of public interest, is considered an Administrative Contract and the Public Service provider can have prerogative powers. By this conceptual and substantive change, the jurisdiction of the administrative courts in judicial proceeding to claims arising from Administrative Contracts will also be expanded and these authorities can hear the contractual claims of both private parties, provided that there is a Public Service issue in that contract.

Cites

No record.

References

No record.

Cite

APA: Copy

NAJARZADEH HANJANI, MAJID. (2020). The Impact of the Public Function Doctrine on Administrative Contracts. MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW), 1(1 ), 105-134. SID. https://sid.ir/paper/399028/en

Vancouver: Copy

NAJARZADEH HANJANI MAJID. The Impact of the Public Function Doctrine on Administrative Contracts. MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW)[Internet]. 2020;1(1 ):105-134. Available from: https://sid.ir/paper/399028/en

IEEE: Copy

MAJID NAJARZADEH HANJANI, “The Impact of the Public Function Doctrine on Administrative Contracts,” MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW), vol. 1, no. 1 , pp. 105–134, 2020, [Online]. Available: https://sid.ir/paper/399028/en

Related Journal Papers