حالات التعويض الكامل للمتعاقد مع الإدارة في العقد الإداري

Abstract EN

The guarantee of financial balance in the administrative contract is not in which the two contracting parties are equal and the public interest prevails over the individual interest, unlike the civil contract, which must-as a general rule-that the interests of the two parties be balanced and equal.

In addition, the administrative contract follows certain methods, such as tendering or auctioning or the practice, subject to unparalleled procedures, within the framework of a private contract and an administrative contract of special legislative importance due to its practical importance on the one hand; And because it is one of the methods for practicing administrative activity on the other hand.

The reliance on the goal to determine the administrative character of the contract and to determine the jurisdiction falls within the scope of administrative contracts, other contracts entered into by the administration are not in essence administrative contracts in anything.

The Islamic Sharia is governed by different legalities, although its application is to ensure the fulfillment of obligations and achieve justice and the public interest, and that privatization as an economic idea that prevails now will not reduce the need for the state as the primary responsible for maintaining the financial balance and regulating economic life, as well as the natural, economic and administrative factors that all negatively affect the contract However, its adoption in the theories of financial equilibrium is subject to some special terms and conditions.