The Extent of the Effect of Administrative Contracts to Third Parties
Keywords:
Administrative contract, general facility privilege contract, legal basis, rights, obligations, jordanian administrative judiciaryAbstract
Management activity is based on two important methods, one of which is unilateral, represented by administrative decisions, and the other is contractual, represented by administrative contracts. Administrative contracts are distinguished from contracts concluded by individuals among themselves to organize and manage public utilities and achieve public benefits. Whatever the legal basis provided by administrative jurisprudence to justify the extension of the effects of the administrative contract to third parties, whether the theory of conditionality for the benefit of third parties or the theory of the subjective nature of administrative contracts or others, it is agreed that the burdens and obligations borne by third parties from administrative contracts are only a natural consequence of the privileges enjoyed by the contractor with the administration. The research was divided into three topics: the first dealt with the legal basis for the extension of the administrative contract to third parties, rights derived by third parties from the administrative contract, and obligations imposed by the administrative contract to third parties. The researchers reached to several conclusions: the laws and legislations regulating the subject of administrative contracts do not address the inclusion of texts that clearly and comprehensively address the issue of the relative impact of the contract, and the extent to which it applies to the administrative contract. The study recommended to expand the jurisdiction of the administrative judiciary in Jordan to include the consideration of all disputes arising from administrative contracts, and not only the determination of administrative decisions separable from these contracts
Downloads
References
Abdel Halim, E. (1994). The impact of administrative contracts for others: comparative study, [master's thesis presented to the Faculty of law, Ain Shams University], Egypt.
Abdulhadi, S. (2013). Temporary seizure of real estate. Journal of the Faculty of law, Al-Nahrain University, Iraq, 15.
Abdullah, P. (1988). Administrative law. Alexandria University: Faculty of law.
Abraham, M. (2007). Scope of the principle of relativity of the effect of the contract. Alexandria: University Press house.
Abu Al-Khair, P. (1995). Administrative control and its limits. Cairo: Egyptian Higher Authority for writers.
Al Hanaina, O., Shatnawy, F., & Hatamlah, S. (2016). Expropriation of Private Property for Public Interest in the Jordanian Legislation. Dirasat: Shari’a and Law Sciences, 42(3). Retrieved from https://archives.ju.edu.jo/index.php/law/article/view/7273
Al-halafawi, H. (2001). Error in management responsibility arising from the administrative contract, [PhD thesis, Faculty of law at Cairo University].
Al-Hamdani, S. (2005). The impact of the administrative contract for others, [a master's thesis, Faculty of law at the University of Mosul].
Alhillo, M. (1985). Administrative law. Alexandria: University Press house.
Aljamal, M. (2010). Administrative contracts. (1st ed.). Amman: House of culture for publishing and distribution.
Al-Jubouri, J. (2002). Explained in the explanation of the Civil Code. (1st ed.). Amman: Wael publishing & distribution.
Al-Jubouri, M. (2010). Administrative contracts. (1st ed.). Amman: culture publishing house.
Al-Khalilah, M. (2012). Administrative law. (1st ed.). Amman: culture publishing house.
Allassasmah, P. (2003). Sources of obligation in Jordanian civil law. (1st ed.). Karak: Dar Rand publishing and distribution.
Al-sarayra, M. (2012). Administrative law. (1st ed.). Amman: House of culture for publishing and distribution.
Al-Tamawi, S. (1984). General foundations of administrative contracts (comparative study). (4th ed.). Ain Shams University Press.
Ayad, A. (1973). Manifestations of public authority in administrative contracts. Cairo: Arab renaissance House.
Barzanji, S. (1974). The requirement for the interest of others in western jurisprudence and Islamic jurisprudence: comparative study. Sulaymaniyah, Iraq: Rabah Rabin press.
Hamza, A. (2009). Acquisition of public money in administrative law: comparative study. Journal of the investigator Al-Hili for legal and Political Sciences, Iraq, 1(1).
Hanafi, P. (1999). Administrative contracts. Cairo: Arab renaissance House.
Hassan, H. (2005). The principle of the changeability of Public Utilities: comparative study in the development of Economic Public Utilities activity, [PhD thesis, Faculty of law at the University of Mosul], Iraq.
Hussein, M. (2006). Mediator in administrative law. Alexandria: University think tank.
Kanaan, N. (2010). Administrative law. (4th ed.). Amman: culture publishing house.
Khalifa, P. (2009). General grounds for administrative contracts. (1st ed.). Cairo: National Center for legal publications.
Mahmoud, M. (n.d). Expropriation for Public Benefit, Research published on the website of the Arab House of justice and law.
Paterson, a. (2002). The impact of administrative contracts on others, research submitted to the Faculty of law and political science at the Lebanese University.
River, J. (1990). Droit administrative. (13th ed.). Dalloz.
Sabrah, M. (1998). Translation of administrative contracts. (2nd ed.). Cairo: Sabra translation office.
Salah, S. (2007). Relative rule the impact of the contract and the extent to which it applies to the administrative contract: comparative study. Journal of Law issued by the Faculty of law at Al-Nahrain University, Iraq, 9(32).
Shatnnawi, P. (1992). Excellence of Public Utilities and its applications in Jordan. Journal of Mutah for research and studies, 7(5).
Tabatabai, P. (1987). Challenge of exceeding authority in the field of administrative contracts (study of the French Council of state). Kuwaiti Journal of Rights, 3(11).
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
