The Pathology of Termination of Governmental Contracts in the Jurisprudence of Iran and France

Subject Areas : Political and International Researches Quarterly

soraya chaharmiri ¹ (PhD Student in Public Law, North Tehran Branch, Islamic Azad University, Tehran, Iran)
valiyolah ansari ² (Assistant Professor of Law, North Tehran Branch, Islamic Azad University, Tehran, Iran)
hasan khosravi ³ (Associate Professor, Department of Public Law, Payame Noor University, Tehran, Iran)

Received: 2021-11-16 Accepted : 2021-11-16 Published : 2021-11-22

Keywords: Termination, General Conditions of Contract, Government Contracting, Public I‌nterest,

Abstract :

The government contract is the main way of delegating government sovereignty to the private sector. Due to the ambiguity in many concepts in the field of termination of government contracts, jurisprudence plays a decisive role in both the Iranian and French legal systems. The main question of the present study by descriptive-analytical method, is that according to the existing judicial procedure, what ambiguities and challenges does the legal system governing the termination of the Iranian government contract have in comparison with the French system? Presently, ambiguities such as conflict of laws, the scope of the right to terminate the contract and the existence of the differential procedure of termination of the contract have been the most important ambiguities of the legal system governing the termination of the contract compared to France. The most important challenges in the field of jurisdiction of administrative courts and how to intervene and apply some conditions of administrative termination.