THE ROLE OF ADMINISTRATIVE SANCTIONS IN COMPELLING THE CONTRACTOR TO IMPLEMENT HIS CONTRACTUAL OBLIGATIONS (A CRITICAL ANALYTICAL STUDY)
Journal of college of Law for Legal and Political Sciences,
2020, Volume 9, Issue issue 32 part 2, Pages 318-351
AbstractIf the general principle in the implementation of contracts is good faith, including the Contractors common duty not to breach contractual obligations. It Added to this principle other one related to administrative law which is the principle of maintaining good functioning of public service. Therefore, the breach of a contractual obligation resulting from an administrative contract imposes administrative sanctions on the Contractor. This should apply when the implementation of its commitments has shortcomings in any way whether to refrain from his contract obligations or a delay occurs in implementation or the non-approval implementation or replacing others in implementation without the approval of the Department. Departments have in all these cases the right to apply sanctions to the contractor that are unfamiliar or unreasonable for individuals in private law contract. The system of administrative sanctions targets not only to restore the balance between the obligations of the parties, and not the nature of the sanctions as deterrent, but accessing the implementation that can guarantee the good functioning of the public service.Sanctions in terms of their source is divided into contractual and non-contractual sanctions. In terms of the subject, there are financial sanctions such as compensation, delay fines, and confiscating insurances, or serve as a means of pressure such as the making the project under guardianship, the withdrawal of the project, purchasing at the expense of the contractor, and replacing the contractor in implementation. As well as this administration has the authority to rescind the contract and toppling the obligation. In order to identify this subject, it is divided into three parts, the first assigned to define administrative sanctions and exploring its characteristics. The second dealt with the legal adaptation of administrative sanctions, while the third devoted to indicate the types of administrative sanctions. Finally, we have included this research with the most important conclusions and recommendations.
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