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Governmental personal consideration in the administrative real estate sale contract | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 14, Issue 2, December 2023, Pages 23-48 PDF (823.47 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2023.181486 | ||
| Author | ||
| Mohmmed Ahmed ALjnaby* | ||
| tikrit university | ||
| Abstract | ||
| Abstract The administration's right to choose the contractor with it stems from its being the beneficiary that announces its desire to implement a specific project by whomever it will choose from among the applicants in the manner of bidding or bidding, but there are considerations that the administration seeks to be present in the contractor for several reasons, and this is what we find always and often in the method Tenders, as the administration chooses and in the manner of bidding the contracted with it due to the presence of certain characteristics that distinguish it from others, such as financial adequacy, technical expertise and reputation, or perhaps to present it with the lowest bids at a price, and this is called personal consideration for the contractor, but if we go back to the method of auctions in the contracts for the sale of state funds, we find that the administration sells its money For the bidder with the highest price, regardless of any personal consideration, since what is important to her in that is achieving the greatest possible benefit for the public utility, however, in specific cases, she looks at the bidder from another door and for specific reasons and for certain personal considerations, so she resorts to contracting with him in a contract for the sale of one of her real estate To him, the state utilities who wants to buy the property in order to use it for public purposes. as the title of our research. | ||
| Keywords | ||
| Personal consideration؛; public facility؛; administrative contract؛; sale؛ ؛؛; real estate | ||
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