العقد الاداری و علاقته بالغیر = Third-party contractual relation under administrative contract

Mutairi, Fahd M D and Mohammad, Mohammad Tahir Sabit (2020) العقد الاداری و علاقته بالغیر = Third-party contractual relation under administrative contract. المجلة الالکترونیة الشاملة متعدد التخصصات, 30 (November). pp. 1-25. ISSN 2617-958X

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Abstract

Since the administrative contract is concluded with the intention of achieving the public interest, this is one of the most important legal and legal guarantees for fulfilling the contracts, unlike the civil contract which is controlled by the principle of relativity of the effects of the contract based on the private interest of the contractors, and hence the basis on which the effect of the administrative contract for others can be spent It is based on two theories, namely: the theory of commitment for others, and the theory of stipulation for the benefit of others. It follows from the recognition that the administrative contract has implications for others, that this contract may impose some obligations on others, and it also arranges some rights and benefits, and therefore, the parties to the management contract and the contractor with it must fulfill the effects generated by the contract, as is the case in a contract Franchise. The concession contract is one of the legal actions that the public administration conducts when practicing its activity with individuals, and the concession contract is that the state or other public persons pledge to the obligee to manage a public facility and use it for a specified period, through workers and money provided by the obligor and on his responsibility in exchange for charging fees from Beneficiaries of this public facility, and based on the aforementioned: the third party in the administrative concession contract is every person who is not a party to the agreement between the obligor and the management body, nor is it a general successor or special successor to one of its parties, whether it is a natural person or a legal person

Item Type:	Article (Magazine)
Uncontrolled Keywords:	Contract, Administrative, Third Party
Subjects:	K Law > K1001 Commercial Law K Law > K3400 Administrative Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Assoc Prof Mohammad Tahir Sabit Haji Mohammad
Date Deposited:	30 Dec 2020 21:53
Last Modified:	30 Dec 2020 21:53
URI:	http://irep.iium.edu.my/id/eprint/86922

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