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The Role of Commutative Justice in the Rights of the Administrative Body | ||
| Kirkuk University Journal: Humanity Studies | ||
| Article 56, Volume 19, Issue 2, December 2024 PDF (738.8 K) | ||
| Document Type: Research Paper | ||
| Authors | ||
| Mansour Saeed Al Yaqoubi* 1; Ahmad Deylami Deylami2 | ||
| 1Ph.D Student / Department of public Law / Faculty of Law / University of Qom / Qom / Iran | ||
| 2Associated Professor / Department of Private Law / Faculty of Law / University of Qom / Qom / Iran / | ||
| Abstract | ||
| Commutative justice is usually within the scope of the contract binding on both parties, as it is within the relationship of the two parties to the contract with what it generates of rights and duties, as the goal of compensatory justice is to achieve a balance between the benefits for each party to the contract or between the mutual performances. It is described as reciprocal because it is an exchange of things and services between individuals, i.e. the exchange between the reciprocal performances, and there must be equivalence and proportionality between what each party gave and what each party took from the other. It is no secret that there are rights for both parties to the contract that must be taken into account by the administrative authority in the first degree and by the contractor in the second degree, and there are many rights guaranteed to the administrative authority according to compensatory justice, Due to the importance of this topic, we conducted a study according to the descriptive-analytical approach to shed light topic of the role of compensatory justice in the rights of the administrative authority The research aims to clarify the powers possessed by the contracting administration or employer as it monitors the implementation of the contractor's obligations to ensure that this implementation is carried out according to the established conditions, Among those rights it enjoys are the right to monitor the implementation of contracts and the right to impose penalties in the event of a breach of work, | ||
| Keywords | ||
| Commutative Justice; Monitoring the Implementation of Contracts; Amending Contracts; Unilateral Will | ||
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