عنوان مقاله [English]
Under Article 139 of the Peacebuilding Constitution, lawsuits on public and governmental property or referral to arbitration in each case are subject to approval by the Council of Ministers and must reach Parliament. In cases where the parties to the dispute are foreigners and in important internal matters, they must also be approved by the parliament. = Article 139 of the Constitution has been cited and controversial on the referral of litigation and disputes by the Iranian government, especially with foreign parties. In the legal system of France, there are also rules for arbitration in government contract contracts. It seems that the French legal system, most of which lawyers believe in the distinction between a public contract and a private contract, and one of the clean criteria of these two treaties, are subject to review and review by an independent legal system in this area he does. Therefore, contrary to what the Iranian legal system is mandated to have, and the general criteria for the award of public contract and government contracts are in the jurisdiction of the General Court, in France, they have benefited from an independent system of jurisdiction. In this thesis, the author seeks to examine the issue in terms of domestic law and comparative rights as well as the same international rules, ie, fiduciars.