The right to terminate and dissolution of governmental contracts (The analyze of Provisions of general conditions of contract)

Document Type : Research Paper

Authors

1 Assistant Professor, Public Law, Faculty of Law and Political Sciences of Allameh Tabatabai University, Iran

2 Master of Public Law, Shahid Beheshti University, Tehran, Iran

Abstract

 
The Right to terminate and dissolution of administrative contracts is used because of two reasons: misconducts of contractors and maintaining the requisite of public interests. In the first, the causes of it have been noted explicitly in the article of 46 of The General Terms of Contracts. But about the second, it is necessary to note that the article of 48 of The General Terms of Contracts giving much powers to the public authorities. The separations which have been drawn among the causes of termination of administrative contracts are not compatible with the standards of it in private law. Independence of administrative contracts law is not obstacle against observing the standards of separation among legal conception. Preserving financial balance in administrative contracts is requisite for logical regulating The Right to terminate and dissolution of these contracts. Giving much and unlimited powers to governmental employer not only leads to occurring administrative corruption, but also disturbs the balance of these contracts and prevents the presence and take parting of nongovernmental section in doing public affairs, that would be incompatible with the public interests requirements. It is necessary to note that the elements of principle of the Rule of Law, which are legal certainty and predictability, have not been observed in regulating the provisions of the Right to terminate and dissolution of administrative contracts in Iran.

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