Concept of Administrative Contract with Emphasis on Obstacles of Institutionalizing It in Iran

This paper has discussed the concept of the administrative contracts in France, England and Iran with emphasis on obstacles of institutionalizing it in Iran legal system. At first, the concept of administrative contract has been explained from formal viewpoint and has been concluded that all of them are similar and follow the unit approach unless about the courts; in France administrative courts have capacity to administrative contracts. But in Iran and England, the ordinary courts have capacity to all contracts. In second part, the legal terms of administrative contract has been discussed in three legal systems from context viewpoints and have been concluded that in France, the concept of contractual acts have encompassed legal institution with particular and independent principles and rules, that are distinguished from contracts of private law. But in Iran and England, in first viewpoint, the principles and rules of private law encompass all contracts. Notwithstanding, the legislatures in these two countries have passed laws that are similar to administrative contracts of France from the context viewpoint. Although, they are different from the wording viewpoint, there are functional similarities among administrative contract of France, public contract of Iran and public or government contract of England. Notwithstanding, the conception and interpretation of contractual acts according to private law in jurisprudences of Iran impeded the institutionalization of the concept of administrative contract in Iran.