إنهاء العقد الإداري مع المتعاقد بخطأ أو من دون خطأ

Abstract

The study aimed at understanding the termination of administrative contract, as a result of violation on the part of contractor, or without such violation. Since, terminating a contract, without violation by contractor, solely by management in order to protect public interest, differs from that due to serious violation by contractor, while executing the contract; since the latter is considered as administrative penalty exercised by management on the contractor.

The research was divided into a number of requirements. The first one dealt with the definition of “Administrative Contract”, while the second explained the “Management Authority” in terminating the administrative contract due contractor violation of it. The third part dealt with “Management Authority” in terminating an administrative contract without violation on the part of contractor.

This study arrived at some conclusions of which: -

Termination of administrative contract by management, without violation on the part of contractor, is wrong unless it aims at achieving public interest.

The study made a number of recommendations, including reviewing the question of non-reasoning of administrative contract termination by management