إعادة التوازن المالي في العقد الإداري

Abstract

The contract is not considered an administrative contract unless one of the parties is a public person and it relates to a public facility. Likewise, a public person may be a party to the contract. However, it is considered a private law contract if that contract is not related to a public facility. Or if this person has the same status as an ordinary person. Also, only administrative contracts fall within the jurisdiction of the administrative judiciary, while disputes related to private law contracts are within the jurisdiction of the ordinary judiciary, even if the administration is a party to them. The financial balance of the administrative contract must be in all administrative contracts, and the contracting party with the administration has the right to compensation for the damages that befall him as a result of certain circumstances, because it is not fair, just, or in the public interest for him alone to bear the burden of those circumstances, and therefore an integrated legal system must be developed in Iraq for administrative contracts that are subject to administrative law and the provisions of administrative law apply to them This is done by defining a distinct standard for the administrative contract and clarifying the rules and provisions that govern it as well. For the purpose of addressing the financial imbalance of the administrative contract, an independent legal regulation must be put in place, which is through restoring the financial balance of the administrative contract in accordance with applicable theories in order to encourage individuals to contract with the administration and thus It brings financial abundance to the state and achieves the public interest.