The impact of emergency circumstances on administrative contractual obligations

Muhammad, Ammar Ali; Abdullah, Saleh Ibrahim

doi:10.37651/aujlps.2024.147288.1203

	The impact of emergency circumstances on administrative contractual obligations
Journal of Anbar University for Law and Political Sciences
Article 15, Volume 14, Issue: 1 part 2, June 2024, Pages 427-449 PDF (827.82 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.147288.1203
Authors
Ammar Ali Muhammad^* ; Saleh Ibrahim Abdullah
Presidency of the Northern Technical University
Abstract
The administrative contract may arise after its conclusion during its implementation phase, there will be a change in circumstances from what they were at the time of its conclusion due to the occurrence of general economic or political events that were not expected at the time of its conclusion,Their occurrence does not result in the impossibility of implementing the contract, but rather implementing the obligation becomes burdensome for the contracting party with the administration, in addition to the loss of the contractor being an intolerable loss. In such a case, the contractor has the right to request the assistance of the administration to overcome these circumstances in order to share with him in bearing part of the loss that befell him, in exchange for his commitment with the administration to continue implementing the contract, the operation of the public facility for which this contract was established to serve. Therefore, the contracting party with the administration may ask it to contribute with him in bearing the consequences resulting from the increased financial burdens arising from those circumstances, by compensating him partially and for a temporary period for the loss that occurred. Thus, he adds to the contractual obligations a new obligation that was not the subject of an agreement between them.
Keywords
Circumstances; contracting; Administration; Judiciary

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