Administrative Contracts: Types and Principles

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Questions and Answers

What is the main purpose of administrative contracts?

To create legal obligations between two parties

To achieve administrative activities and ensure the public interest (correct)

To initiate or terminate legal obligations

To construct public facilities or manage them

According to the text, how does the definition of administrative contracts differ from civil contracts?

Administrative contracts put the administrative body in a higher position than the contractor

Administrative contracts are built upon the theories of intentions and good faith of performance

Administrative contracts include exceptional powers for the administrative body (correct)

Administrative contracts involve a legal protected promise between two parties

What distinguishes administrative contracts from other types of contracts?

The involvement of a public law administrative body (correct)

The legal protection of promises between two parties

The mutuality nature of the contract

The presence of exceptional powers for both parties

In what way are administrative contracts related to the public interest?

They are related to a public utility or facility or public domain Signup and view all the answers

What is a key element that distinguishes administrative contracts from civil and commercial contracts?

The involvement of a public law administrative body Signup and view all the answers

What puts the ministry of governorate or any administrative body signing an administrative contract in a higher position than the contractor?

The nature of the administrative contract Signup and view all the answers

What type of contracts are built upon the theories of intentions and good faith of performance?

Civil contracts Signup and view all the answers

Which party holds exceptional powers in an administrative contract?

The administrative body Signup and view all the answers

What is the primary characteristic of administrative contracts?

Involvement of a public law administrative body Signup and view all the answers

Which type of contract is a legal protected promise between two parties to initiate or terminate legal obligations?

Civil contract Signup and view all the answers

What is a key difference between administrative contracts and civil contracts?

Administrative contracts involve administrative bodies, while civil contracts involve two individuals. Signup and view all the answers

How do commercial contracts differ from administrative contracts?

Commercial contracts focus on seeking profits, while administrative contracts involve government bodies. Signup and view all the answers

What is a distinguishing feature of administrative contracts?

Involvement of an administrative body and certain procedural agreements. Signup and view all the answers

According to the text, what are the main elements that define an administrative contract?

Involvement of an administrative body and certain procedural agreements. Signup and view all the answers

What distinguishes administrative contracts from commercial contracts in terms of parties involved?

Administrative contracts involve government or administrative bodies while commercial contracts involve parties seeking profits. Signup and view all the answers

According to the text, what sets administrative contracts apart in terms of rights and obligations?

The administrative body is always in a higher rank and has exceptional powers. Signup and view all the answers

What changes were made regarding the parties involved in administrative contracts according to the latest law mentioned in the text?

General associations, authorities, and private funds were added as bodies involved in administrative contracts. Signup and view all the answers

What is a key distinguishing factor between civil contracts and commercial contracts?

Civil contracts involve relations between two individuals, while commercial contracts seek profits. Signup and view all the answers

What do commercial contracts primarily seek according to the text?

Profits Signup and view all the answers

What was declared by decisions of the administrative justice court according to the text?

Differences between different types of contracts Signup and view all the answers

Study Notes

Purpose and Definition of Administrative Contracts

Administrative contracts primarily aim to serve the public interest.
They differ from civil contracts as they are executed by public entities to fulfill public service needs, rather than for private gain.

Distinction from Other Contracts

Administrative contracts possess specific features that set them apart, such as their connection to public service and authority of the parties involved.
They often imply a legal relationship characterized by non-negotiability, unlike civil contracts which offer more flexibility.

Relation to Public Interest

Administrative contracts are intrinsically linked to the public interest, with the objective of providing essential services or goods to the community.
These contracts are designed to prioritize societal needs over individual profits.

Key Elements and Authority

A defining aspect of administrative contracts is the exceptional powers granted to the public authority party, allowing it to impose conditions and alter agreements unilaterally.
The ministry of a governorate or any administrative body has elevated authority over the contractor due to the nature of the contract and public service obligations.

Theories of Intent and Performance

Administrative contracts are rooted in theories of intentions and good faith in performance, emphasizing trust and commitment to fulfill public needs.
Each party is expected to act in accordance with the principles of transparency and accountability.

Exceptional Powers and Characteristics

The authority granted to the public body in these contracts is a unique feature, enabling enforcement of compliance and modification of terms to meet the public's needs.
A primary characteristic is the focus on upholding public interests rather than individual profit.

Legal Protections and Obligations

Administrative contracts create legally protected promises between parties, establishing obligations that are binding and enforceable.
Rights and obligations in administrative contracts can differ from those in civil or commercial contracts, reflecting the contracts' public service orientation.

Changes in Legal Framework

Recent legal changes have impacted the nature and parties involved in administrative contracts, focusing on enhancing regulatory and transparency measures.
These shifts may involve redefining the relationships and roles of stakeholders within administrative frameworks.

Differences from Commercial Contracts

While administrative contracts prioritize public welfare, commercial contracts primarily seek profit.
The parties involved in commercial contracts are typically private entities, contrasting with the public entity involvement in administrative contracts.

Administrative Justice Court Decisions

Decisions made by the administrative justice court reinforce the principles underlying administrative contracts and their enforcement.
Such rulings often clarify the rights and obligations of parties under administrative law, influencing future contract formation and execution.

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Description

Test your knowledge on the types and principles of administrative contracts. Explore the sources of obligations and their relation to administrative activities and decisions in society.