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Administrative Contracts by Dr. Mahmoud Khalaf Al-Jubouri
JOD
Get it by 5 Aug | Order in 5 Hours 13 Minutes
The administration undertakes various activities known as 'administrative actions,' which differ based on their legal nature. Some are termed 'material acts,' while others are 'legal acts'.
A material act is any action performed by the administration without the intention of producing a legal effect, whether positive or negative, such as arranging its furniture and daily supplies, or actions arising from employee or equipment errors.
A legal act, or 'legal disposition,' is any action the administration takes to create a legal effect on others and itself. A legal disposition is linked to the will of the decision-maker, and the legal framework governing it centers on the legality or illegality of that disposition.
The legal dispositions of the administration are numerous and can be categorized into two main types:
An administrative contract is a legal, consensual act, but not every consensual act is an administrative contract. As material acts fall outside the scope of our study of administrative contracts—being subject to a different legal system—and as administrative decisions are governed by their own distinct legal framework, and since consensual acts encompass many areas beyond administrative contracts, we will exclude them to focus specifically on administrative contracts. This does not imply that the subject of administrative contracts is devoid of elements from these other acts. Material or legal dispositions may intertwine with the contracting process and can only be separated from the overall contractual operation by a judge's holistic review of the matter.