دور العرف في فض منازعات العقود الإدارية : الصلح أنموذجا

الملخص EN

The research problem was represented in the following questions: What is the position of jurisprudence, legislation and the judiciary regarding reconciliation as a non-judicial means to resolve administrative contract disputes? What are the procedures and effects of conciliation as a non-judicial method for settling administrative contract disputes? The aim of the research is to: Clarify the position of jurisprudence, legislation and the judiciary regarding reconciliation as a non-judicial means for settling administrative contract disputes.

A statement of the effects and procedures of reconciliation in administrative contract disputes.

The importance of the research was to present a scientific study confirming that reconciliation is a non-judicial means for settling disputes in administrative contracts.

The researcher used the descriptive analytical method .We have reached the most important results and recommendations, including Reconciliation is permissible in administrative contract disputes, and in administrative compensation disputes in particular, when the state owes large sums of money.

Reconciliation has a welcome field in tax disputes between the administration and taxpayers about determining the tax base, or estimating its value.

Conciliation resolves a dispute related to the legality of an administrative decision, as its nature is incompatible with the nature of the annulment lawsuit.

But if the administrative decision entails financial rights, it can be resolved or resolved through conciliation without interfering with the legality of the administrative decision and its cancellation.The non-judicial method: It is the means or methods that the disputing parties resort to, instead of resorting to the judiciary (ordinary or administrative), when an administrative dispute arises between them in order to reach a solution to that dispute.Among the most important recommendations:We recommend the Iraqi legislator to amend the text of Article (698) of the Iraqi Civil Code, that the definition of reconciliation includes a mention of a mutual relinquishment between the two parties of part of their claims, in order not to mix it with other actions and other means, and the text of the article is as follows: The face of the interview for part of his allegations.The necessity of codifying the system of alternative means for settling administrative disputes in clear, detailed, free of ambiguity, and not subject to multiple interpretations, including a reference to the procedures and dates in which the dispute is resolved, with the setting of the period for settling disputes by alternative methods, for a maximum period of four months for arbitration, Thirty days for conciliation, mediation or conciliation, in line with the purpose of arbitration and other methods.