Publication: الجزاءات في مجال العقود الإدارية: دراسة مقارنة بين الإمارات العربية المتحدة والمملكة الأردنية الهاشمية
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Date
2023
Journal Title
Journal ISSN
Volume Title
Publisher
Universiti Sains Islam Malaysia
Abstract
This study aims to research, from a comparative perspective, the issue of the legal system of the administration’s authority to impose sanctions on the contracting party, as it has privileges and rights that exceed the will of the contracting party. This study also aims to shed light on the judicial and jurisprudential developments of the theory of sanctions in the field of administrative contracts in each of the United Arab Emirates. The problem of the study lies in covering all aspects related to the administration’s authority to impose sanctions on its contracting party, as well as identifying the guarantees for imposing those contractual sanctions and judicial oversight over them, as this study showed that the administration has the right to impose sanctions on its contracting party who is negligent in implementing his contractual obligations, even if he does not violate the contract. This study also be concluded with a set of results, the most important of which is that the right of the contracting administration to impose sanctions on its contracting parties of its own volition and without permission from the judiciary is now one of the established principles in administrative law in general, administrative contracts in particular, and most judiciary and administrative jurisprudence. Concluded in this study also is that the administration’s authority to impose sanctions is not an absolute authority devoid of restrictions, but rather it has limits that must be respected so that it is not abused in its use and harms the interests of the contractor. Judicial protection and oversight work to ensure that the administration does not deviate from using this right.
Description
Matric: 4191073 (FSU)
Keywords
Administrative Contract, Theory, United Arab Emirates, Judicial, Law and ethics, Administrative Law, Administrative acts, Law—Jordan