انعقاد العقد الإداري في الفقه و النظام السعودي

الملخص EN

This research deals with the contract in both the jurisprudence and the law, that intends to specify the techniques of conducting contract in jurisprudence, and how the administrative contract in the law is compatible with the jurisprudence.

As well, the bases of signing the administrative contract in the Kingdom (KSA) in general.

The Researcher has adopted on inductive and inferential approach, and has concluded to the in general, the contract is the two entities accord to establish commitment between parties.

The administrative contract is counted to be the same as other contracts, in terms of the provision of the needed components for the convening and its integrity.

It is named as the administrative contract in the modern age, since any government is represented by the contractual administrative entity is a part of it.

It needs numerous different contracts to legally facilitate its public sectors.

Therefore, there is a sore need of engaging a system to regulate these compacts.

The contract in the Islamic jurisprudence is grounded on three elements: formulation, both contractors and contracted.

The classification of rivals and governmental procurements have been stated by the jurists regarding the elements of the contract and the regulations of the administrative contracts, with precise restrictions and conditions, that partake in maintaining Government finances, forestall financial waste, unlawful earnings, boost the spirit of a fair rival and drive eligible and competent to share in building the Country.

And the norm in the contracts is willingness among parties that does not obligate contract writing.

Nevertheless, this does not impede contract writing if the public interest is ensured.

That provision from the Governor is portion of the lawful policy, whether it is generally imposed or through guidance.