جستجوی مقالات مرتبط با کلیدواژه « قرارداد دولتی » در نشریات گروه « علوم سیاسی »

According to the articles of the Civil Code and the study of legal principles, we can achieve that it is important that some transactions with the conditions mentioned in the law are valid transactions and some transactions are invalid and in some cases are considered as ineffective transactions. And in this respect the omission makes no difference between the majority of private and public contracts.By considering the elements of transactions, true and false government transactions can be distinguished from each other. However, the most thought-provoking debate is over the invalidity of government transactions. Because, according to Article 663 of the Civil Code, it can be said that any action taken by a lawyer or legal representative, including a government director, outside his authority is ineffective. This view, where it is a government contract and a form of government sovereignty, will have adverse effects and will cause people to distrust government departments and organizations, as well as violate the rights of ignorant and well-meaning individuals in this regard. It can be examined and removed from the perspective of public law and collective interests, the theory of apparent power of attorney, the unity of the criteria of commercial law and the theory of repairability of administrative practice, so that such contracts can be considered valid under certain conditions.

The growing needs of societies necessitate the need for government intervention in business and economic affairs, and it is possible to improve the quality and performance of the legal system governing government contracts in the light of some theoretical principles and practical experiences. With the increase of population and the increasing expansion of government duties in the public interest, governments are forced to conclude various contracts of public and private type. Government contracts, in spite of preserving their classical and customary foundations, are an agreement between the parties to the contract and subject to the principles of all contracts. It is a private contract. In English law, when a contract is executed and a dispute arises between the parties to a contract, the matter is brought before a public court. The government, like the parties to the contract, is inevitably subject to the legal economic analysis governing the contract in the private sector. In Iran, concluding such contracts, due to the economic and social structure and absolute supremacy of the government, have special features and privileges that private law entities do not enjoy. In the United Kingdom, this type of contract, in which the government is a party, has a special feature and this is not necessarily for the provision of public services, because in this country the concept of public services is not known, but the public interest. Therefore, in this article, the effects of government contracts on the law of Iran and the United Kingdom are comparatively examined.

The contract, as a manifestation of the will of two or more people to create a legal effect, has long played a very important role in regulating the relationship between individuals and later in regulating the relationship between governments and individuals. The principle of equality of the parties is in the contracts, but the special features of government contracts, such as the annexation of these contracts and the priority of public interest over private interests, create a situation where the principle of equality of the parties is distorted and weakens the private party in government contracts. On the other hand, the need for good governance in the 21st century has forced governments to moderate existing inequalities and support the weak by accepting mechanisms. In this regard, the adjustment mechanism has an irreplaceable role and position in supporting the weak in government contracts. This mechanism allows the weak parties to regain their contractual benefits, regain their legitimate interests, and maintain their position in the economic cycle. Therefore, by supporting and strengthening the private sector, this mechanism will ultimately contribute to the country's economic growth and the improvement of standards.