الطبيعة القانونية لعقود الأشغال العامة والتوريد والخدمات الاستشارية في العراق

Abstract EN

The predominant way to conclude such contracts is through the tender because the administration, as a general legal person, enters into a contract with other persons, whether they are persons of public law or persons of private law, whether individuals or companies.

the problem of research emerges when we represent the nature of such contracts in Iraq and compare them with the countries with a dual judiciary.

in France and Egypt, the contracts which are the subject of our search are considered contracts of common law and consequently, the disputes arising there from are subject to the competence of the administrative courts.

in Iraq, these contracts until the moment are considered contracts of the private law and their disputes are subject to the competence of the ordinary court.

this situation is supported by many of the judicial decisions issued by the Iraqi federal court of cassation.

this situation imposes itself despite the fact that Iraq has become a country of a dual judiciary by virtue of laws no.

106 of 1989, no.

17 of 2013, and no.

71 of 2017.

these laws established the administrative courts and finally the Iraqi council of state.

these contracts are considered the most common in Iraq, therefore the research will deal with the method of legal analysis in order to explicate their original legal nature which needs to know the right direction of Iraqi law to be included within the contracts of private law and to resolve their disputes by the ordinary courts.

this requires us to identify the definition and characteristics of the administrative contract and the criteria for its distinction from the other contracts in order to achieve the possibility of the addition of an administrative description of such contracts.