The function of the administrative decision establishing the obligation
Journal of college of Law for Legal and Political Sciences,
2018, Volume 7, Issue Issue 26 part 1, Pages 269-318
AbstractThe essence of our research is to study the ability of administrative decision to establish obligation within the meaning of the jurisprudence of civil law, we found that the administrative decision is a source of obligation in the sense mentioned if it was issued by the discretionary authority of administration. The effect of the administrative decision differs from its concept in the jurisprudence of civil law on its concept in the jurisprudence of administrative law. The limited application of the administrative decision establishing the obligation according to the concept contained in the jurisprudence of civil law does not reduce the role of the administrative decision as source of the obligation, The administrative decision within such limited applications is a general source of obligation, as are other sources of obligation, because the applications of each of the sources of obligation mentioned in civil regulations are limited, and the applications of the administrative decision that creates the obligation are more when compared to some of these sources, such as individual will and gain without a legal reason.
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