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Administrative Contracts by Dr. Mahmoud Khalaf Al-Jubouri

Administrative Contracts by Dr. Mahmoud Khalaf Al-Jubouri

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Dar Al Thaqafa

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:

  • First: Actions taken unilaterally by the administration without the involvement of another party, such as administrative decisions, recommendations, guidelines, and proposals.
  • Second: Actions carried out by the administration in conjunction with the will of another party through a mutual agreement of wills aimed at creating a specific legal effect—namely, establishing, modifying, or terminating an obligation. This refers to administrative contracts and all other contractual agreements. An administrative contract is a specific type within the broader category of contractual agreements, which are fundamentally based on the consensus of wills. For example, appointment to a public office involves the agreement of two wills—the applicant's and the administration's—yet it is not a contract but a regulatory act governed by laws and regulations.

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.

  • ISBN: 9789957165734
  • Weight: 0.700 kg
  • Dimensions: 17×24 cm
  • Paper: White
  • Pages: 296
  • Year of Publication: 2017
  • Binding: Hardcover
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