وسائل الإدارة الضبطية في فرض الجزاءات التعاقدية(دراسة مقارنة)

Abstract

The public contracts concluded by the administration represent one of the most important activities undertaken by the administration, and these contracts have become the backbone of the state’s economic system in light of the great developments in the field of work and activity of the administration, and in light of the increasing state interference in most aspects of individual activity. By concluding public contracts, it is represented in achieving the public interest, unlike private contracts that mainly seek to achieve personal interests, and in order to enable the administration to achieve these goals, the legislator must give it the means that enable it to achieve its goals. Therefore, we find that the legislator in comparative legal systems, as well as the legislator in Iraq, granted the administration means of administrative control through which the administration can conclude and implement its contracts in a proper manner that enables it to achieve its objectives, and one of the most important means of control that the administration enjoys in the face of its contractors is the right of the administration to impose Various contractual penalties for the contractor whenever he fails to implement his obligations with the administration.