Judicial procedure approach in resolving disputes in the implementation phase of administrative contracting contracts (Comparative study in Iranian, French and English law)

Document Type : Original Article

Authors

1 Lecturer at Islamic Azad University, North Tehran branch

2 Faculty member of Shahid Beheshti University Faculty of Law

10.22034/mral.2023.1999146.1452

Abstract

The most common method for resolving disputes in administrative contracting contracts is the judicial method, in which the victim, by referring to the competent judicial authorities, either public or private, files his lawsuit, which is mainly based on the request of the obligee to fulfill his obligation or his obligation to compensate for damages. It enters into a contract with the other party. In this research, the approach of the judicial procedure of three countries, Iran, England and France, regarding the resolution of disputes in administrative contracting contracts has been examined. Of course, this study, in particular, includes the stage of implementation of administrative contracting contracts, which is the most important stage in these contracts. The main question of the article is that what is the approach of the judicial procedure in the three countries of Iran, France and England towards the resolution of disputes in the implementation phase of administrative contracting contracts? The most important findings of this research are that the judicial method is the most important method of resolving disputes related to the implementation of administrative contracting contracts in the three countries of Iran, France and England, and sometimes the importance of the obligations of the parties in these contracts is such that In terms of nature, they are considered a commitment to the result. The current type of research is fundamental, its approach is descriptive-analytical, its method is library study, and the tool for gathering information is also a survey.

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Articles in Press, Accepted Manuscript
Available Online from 12 November 2023
  • Receive Date: 11 May 2023
  • Revise Date: 30 August 2023
  • Accept Date: 12 November 2023