عقبات الاعتراف الفقهي بالدفع بعدم التنفيذ في العقود الإدارية: دراسة مقارنة

الملخص EN

The complete separation of legal norms in the various branches of law remains purely a matter of diligence, so the application of many principles of one legal branch to another is, in the view of some, impossible, even though it can be achieved in practice.

One of these principles is the "principle of the non-performance," which has been approved in "civil contracts,” but has been rejected in administrative contracts.

While those who reject this principle have arguments and reasons, these arguments are only analytical and critical ideas.

The principle of the non-performance in administrative contracts had not been sufficiently studied, which led the researcher to study this matter to test its applicability in the area of administrative contracts in the context of the logical and lasting development of legal ideas that must be commensurate with the imperatives of contemporary reality.

To achieve the goals of this study, the researcher drew a comparison between legal Egyptian jurisprudence and Saudi jurisprudence.

This study is divided into two sections; the first section is dedicated to identifying the concept the non-performance in administrative contracts, and the second section is the jurisprudence approval dilemma of this principle and the proposed solutions.

The study concluded with the most important results and suggestions.