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The idea of transferring the administration's contracts | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 19, Volume 9, Issue 2, 2019, Pages 669-699 PDF (1.05 M) | ||
| DOI: 10.37651/aujlps.2019.171646 | ||
| Author | ||
| Ali Mukhlif Hammad | ||
| Anbar University – College Of Law and Political Science | ||
| Abstract | ||
| This paper addresses the possibility of applying the idea of transfer the contract approved by the private statutes. It also addresses how to use this idea in the invalid contracts of the administration, which can be considered as legal tool to reduce the cases of invalidity and to limit it negative impacts. The importance of this research is derived from the importance of contracts signed by the administration, as they are the most significant means adopted by the administration to implement its function. Some of the administrative contracts have defects, which lead to its invalidity. Such problem prompts us to search the possibility of transfer these invalid contracts to veiled legal actions once the conditions of transferring the invalid contract to another valid action have been fulfilled, especially in the case of lacking certain text that addresses the transfer in the public law.This paper is based on the analysis method that can helps us to gain deeper understanding of the idea of transferring the invalid contract signed by the administration to see how can be applied in the framework of the administrative contracts. This research found out that the invalid administrative contracts signed by the administration (civil administrative contracts) can be transferred into administrative contracts signed within the rules of the public law. Furthermore, these invalid contracts can be transferred into administrative decisions once the conditions of transfer have been fulfilled. | ||
| Keywords | ||
| Contract's transfer; administrative contracts; Public law | ||
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