نظرية الظروف الطارئة في العقد الإداري.
Author
الفزارية, فاطمة بنت سعيد بن خميس.
English abstract
management of public utilities which Nodal Association that arise between management and the contractor in order to achieve the public interests and draw on management methods prescribed in the law any convergence of the contract on the terms of exceptional unfamiliar in private law contracts.
Contract administrative generates rights and obligations on both its parties the administration has the powers and privileges in the face of the contractors and that makes it in the top center of the contractors because it aims to achieve the holy grail a time course of public utilities systematically and continuously, but binding in all cases the implementation of the contract has been agreed upon in its clauses All this does not mean that the contractor just of rights as it seeks from behind the implementation of the contract to achieve its own interests and of profits but has a number of rights guaranteed by his law including the right to obtain financial returns and requiring compensations and the right also in the balance financial contracts But it may happen that oppose the contractor during the execution of the contract exigent circumstances sudden strike were not taken into account when the contracts and that would cause the Contractor loss and make the implementation of the contract exhausting for him. arranges his right to fair compensation and but it may happen that oppose the contractor during the execution of the contract exigent circumstances sudden strike were not taken into account when the contracts and that would cause the Contractor loss and make the implementation of the contract exhausting for him arranges his right to fair compensation and the offending damages which is what used jurists on call it the theory of emergency conditions.
Given the importance of this subject has allocated to study the theory of emergency conditions in the administrative contracts which would reveal us to answer questions which may be raised including: 1. How different legislation interpreted the concept of the theory of emergency circumstances and what is the legal basis on which to justify a theory? 2. What are the similarities and differences between the theory of emergency conditions and other similar theories? 3. What are the conditions that need to be met to apply the theory of emergency circumstances? Will result in the application of effects although the consequent implications do only on the edges or extend to other? 4. What are the specifications of the compensation earned by the contractor? Are there certain ways to claim compensation? What is the authority of the judge on the occurrence of emergency conditions?.
