The Critical Analysis of the Origin of Differences in Administrative Contracts of Iran (Case study: contracts, contracts, bids, agency, bonds and participation)In order to improve administrative management

Message:
Abstract:
The government is the largest public figure, and at the same time, like private individuals, it can enter into a deal with others to update its massive infrastructure through contracting with contractors. The acts of the state are divided from the point of view of the application of the sovereignty, the acts of the lawful and the formal aspect to the unilateral acts (Aqa) and the bilateral (treaty) acts. Including the administration of the state's "double contract" administration. Obviously, these acts create the rights and obligations for the parties to the contract as well as for the people. In the private law, as the principle is in principle the equality of the will of the people (the two sides) is the principle, the will of one person alone can not create an obligation to another. However, in public and administrative law, with regard to government, in legal relations, the principle is based on unilateral acts and decisions, ie, the executive, so that administrative and executive officials take decisions about their duties and competencies, and act that does not require an agreement in principle Not with people; but they create rights or obligations for individuals. In this trail, it is likely that differences between parties to the contract will emerge and appear; therefore, identification of the causes and source of these differences in administrative contracts is essential in order to reduce these disputes.
Language:
Persian
Published:
Journal of Development strategy, Volume:14 Issue: 4, 2019
Pages:
211 to 237
https://www.magiran.com/p1937400