The impact of emergency conditions in the implementation of the administrative contract
Abstract
When the economies of contract are seriously affected due to exceptional circumstances that could not be expected at the moment of signing the contract , the execution becomes much more difficult on the contractor s part . this brings forth more loss exceeding the familiar normal loss in normal dealing . thus the contractor has the right for asking help from the administration to overcome such circumstances and in order to take part in assuming the responsibility of the loss . this is the core of the theory of emergent circumstances regulated by Article 146 - 2 of the Iraqi civil law no . 40 - 1951 , which deals mainly with committing the harmed contractor to keeping on the execution of the contract . on his part , on the one hand committing the contracting administration to compensating the harmed contractor , on the other hand.
References
- Egyptian Judicial Decisions: Ruling of the Administrative Court on 30/6/1957, the principles decided by the Supreme Administrative Court. Ruling of the Supreme Administrative Court on 11/2/1968, Collection of Judgments, p. 874. Ruling of the Supreme Administrative Court on 20/11/1980, in Appeal No. 1843 of 26 BC, Modern Administrative Encyclopedia, c.18. Ruling of the Supreme Administrative Court on 16/5/1987 in appeal no. 3562 for the year 29 in the session of 16/5/1987, the set of legal principles of the Supreme Administrative Court, which approved from 1/10/1986 until 30/9/1987. Ruling of the Supreme Administrative Court on 16/12/1997 in case No. 1749 of 37 BC, session 16/12/1997, Modern Administrative Encyclopedia c.
- F. Judicial decisions:Iraqi Judicial Decisions: Decision of the Court of Cassation No. 273 of 21/4/1971, Judicial Circular, second issue, second year, 1975. Decision of the Court of Cassation No. 388 / Second Civil on 22/4/1974, Judicial Bulletin, second issue, second year, 1975, p. Decision of the Court of Cassation No. 451 of 27/1/1976, the set of judicial judgments, the first issue, 1976.
- Second: French language:- A. Hachich, "la theorie do l'imprevision dan les contrats administratif - etude comparee du" droit francais et droit de Le E.A.U thesn cean, 1962.- De Laubadere, j.c.vemzia, Y. Gaudemet, traite de droit, administratif, L.G.J, 10 ed. 1988.A. DLAUBADERE, F.MODERNE, P. DELVOLVE, T.C.A, 2 E'ed .-- Liores (F): contrat d, enterprise et marche de trvaux publics these L.G.L 1981.