The relative effect of the contract and its validity on the administrative contract A Comparative Study

Section: RESEARCH
Published
Aug 4, 2025
Pages
171-209

Abstract

If the administrative contract is no different in its general concept of the civil contract concluded by the individuals between them, since both are based on the availability of two wills with a view to making corresponding obligations. Therefore, the administrative contract, such as the civil contract, has the basic elements, but they differ in terms of the legal system to which they are subject, and the reason for this difference is that the administration concludes the contract as a public authority with rights and privileges that are not available with the other contracting party. The reason for these privileges granted to the administrative authority is to ensure the regular functioning of the State's public facilities. Thus, in the administrative contract, the location of the contractors is unequal, where the public interest prevails over the individual interest, contrary to the civil contract, which as a general rule, the interest of both parties must be balanced and equal.

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