نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Contractual relationships between individuals have been governed by private law rules since ancient times. Among these, the government, as the most significant example of a public legal entity, enters into administrative contracts to meet the needs related to public affairs. However, by invoking principles such as public interest and the primacy of public law, it sometimes disrupts private law rules and defines a unique legal framework based on preferential, privileged, protective, and authoritative rules. Therefore, considering the importance of private law rules in contractual relationships, this research evaluates the extent to which administrative contracts align with three major principles governing private contracts. First, the principle of freedom of contract, which in administrative contracts is restricted due to adherence to the rule of law over the autonomy of will, with certain formalities, limitations, and prohibitions. Second, the principle of the necessity of contracts, which is adjusted in administrative contracts to align with changing circumstances and emerging necessities. Finally, the principle of the relativity of contracts, where administrative contracts sometimes create obligations for or against third parties to manage public affairs, thereby narrowing the aforementioned principle. However, overall, the dominance of private law rules over administrative contracts cannot be entirely negated. Thus, examining and identifying the degree of conformity helps in recognizing the legal system governing administrative contracts and is considered a step towards improving this system.
کلیدواژهها English