المرتكز القانوني لسلطة الإدارة في إنهاء العقد الإداري بالإرداة المنفردة دون خطأ من المتعاقد : دراسة مقارنة

Abstract EN

The authority of administration to terminate the administrative contract is one of the principles established in the jurisprudence and administrative judiciary, and one of its distinctive characteristics, and it enjoys it even if there is no text in it authorizing it in the contract, and this authority applies to all sects of administrative contracts, despite the dispute based on the basis of Determine the legal basis for this authority, whether it is based on the privileges of the law or the public authority, or is it based on the idea of the public interest and the requirements of the functioning of the public facility, or it is a mixture between the two authorities, and in return the authority of the administration to terminate the administrative contract is not an absolute authority, but rather it is subject to this The authority is subject to judicial oversight, so if the contractor inflicts a just damage as a result of termination by the administration with its sole will, he has recourse to the judiciary and request compensation.

The administrative judiciary in Egypt and Jordan has established the authority of the administration to terminate the administrative contract without a mistake by the contractor or the termination of the contract between the contractor and the administration as a result of the contractor's committing a serious mistake, within certain controls based on considerations of the public interest and the regular and steady progress of the public facility, even if not The law or the contract explicitly stipulates this authority in the contract, and this right is considered public order, and the administration has no right to waive it, or stipulate its exclusion.