أثر الظروف الطارئة في تنفيذ العقد الإداري : دراسة مقارنة

الملخص EN

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.