تطبيقات القضاء الاداري في مجال إعادة التوازن المالي للعقد الإداري و مدى تمييزه عن العقود المدنية

Abstract EN

This study addresses some applications of the administrative judiciary in the field of financial re-balancing for the administrative contract through two axes.

The concentration at the beginning of the first axis was on the conceptual framework in respect of the concept of administrative contract and how to distinguish it from other contracts.

To this effect, I have taken into ¬¬account, the nature of this contract and its concept in jurisprudence and administrative judiciary through concentrating on two morphological and material standards, as well as what have been collected from judicial applications which recommend what was analyzed and support the idea of this research in order to distinct administrative contract from other special individuals' contracts.

Whereas, the second axis addresses the attitude of the comparative and Omani judiciary through its practical applications in respect raising disputes in connection with financial re-balancing for the contract and the extent of respect on part of management towards others' rights who contract with it when there is some defect as a result from unusual circumstances or as a result from interference of management; and the role of the administrative judiciary in addressing such defects affecting the contract when it becomes impossible to execute the contract without reinstitution of its financial balance.

Then, to address the management response extent to make payment of financial compensations and its obligation to implement the provisions decisions of judiciary in connection with decisions being issued in favor of the contractor from the very beginning in order to reinstitute the financial balance to the contract due to financial defects that may hinder executing it.

In addition, to monitor the judiciary normal interference in amending some arbitrary or unjust conditions when the contract is complicated and difficult to be implemented in a way to exceed the rule that says (Consent makes the law – considering this matter is worth noting).

Finally, the conclusion deals with several findings and recommendations that the researcher may deem necessary through objective and impartial way in this research.

I hope such findings and recommendations will stimulate the management and allow it to base on whatever positive and to exceed negatives and errors that hinder implementation of contracts.

In this respect, the compensations imposed on the State treasury would have been avoided or curbed.