النظام القانوني للعقد الإداري في العراق

الملخص EN

The idea of the administrative contract is one of vague and unstable ideas, especially in the dual judiciary countries such as France and Egypt.

The administrative contract is usually the contract which is concluded by the administration as a public authority with a public person or private person for the management or organization of a public service and thus the provision of public service to the public.

The contract here is a contract of public law and the administrative judiciary is competent in disputes arising from it.

However, the administration may have to conclude a contract with a private person as a private person and not as a public authority, and this lead to the subordination of this contract to private law, and consequently disputes arising therefrom are subject to ordinary courts.

This contract arises the problem of determining the legal nature of the contract, Is it a contract administrative or ordinary? There have been several legislative attempts in France and Egypt to resolve this problem, but the judicial opinion was the principal norm in the consideration of a contract is administrative or civil.

In Iraq, this problem has not been raised before, this is because all the contracts are governed by the civil law, and therefore their disputes are subject to ordinary courts.

With the establishment of the Iraqi Council of State in 2017 and because Iraq has the deal judiciary.