الأساس القانوني لعقد القرض العام

Abstract EN

Public loan is a an amount of money received by the state or its agencies from the individuals, in return, the state gave back the principal plus the interests rate agreed upon between them.

scholars have not agree about the legal nature of the public loan, some regarded it as an administrative contract while other consider it as a type of sovereign acts which enable the state to amend it according to her needs.

other approach stipulate that public loan should be cancelled only by law because issue public loan come only by law.

most constitutions make public loan part of exclusive authority to legislature, no public loan can be issue without its approval