Public Law Studies Quarterly

The Nature and Typology of Administrative Contracts in ‎the Legal Systems of Jordan and Egypt

Document Type : Article

Authors

Mohammad Shamei 1
Mozhdeh Kalantari 2

1 Assistant Professor, Department of Public Law, Faculty of Humanities and Law, Isfahan Azad University (Khorasgan), Isfahan, Iran.

2 M.Sc., Private Law, Faculty of Theology, Islamic Azad University, Najafabad Branch, Isfahan, Iran.

https://doi.org/10.22059/jplsq.2021.320269.2719
Abstract
The benefits of comparative study of different legal institutions have been identified by legal experts. Although Iranian administrative law has been largely influenced by the French legal system, there have been few comparative studies on Arab countries whose legal systems are also modeled on French law. Comparative-law research on administrative contracts is still mainly focused on comparing French and Iranian legal systems. Despite difficulties in accessing primary sources, the authors have undertaken a comparative study of administrative contracts in the legal systems of Jordan and Egypt. Given the close relationship between Iranian, Egyptian and Jordanian legal systems on the one hand, and the continental origins of Jordanian and Egyptian systems on the other, the reasons for conducting this research are obvious. The purpose of the paper is to identify the nature and different types of administrative contracts in Egypt and Jordan as well as different regimes for the application of such contracts. Administrative contracts in Egyptian and Jordanian legal systems,  despite  their similarities, have subtle differences in terms of execution and dispute settlement that are noteworthy .The method used in this paper is a descriptive-analytical.

Keywords

administrative law
‎Jordan
Egypt
‎comparative law‎
Subjects

  1. French

    1. Andre, D. (1992). Laubadere. J.C.VENEZIA.Y.Gaudemet,Traite De Driot Administrative,T.1,12 Edition.
    2. G.VEDEL,P. (1998). Delvolve,Driit Administratif, PUF. Edition10,1988.

     

    English

     

    1. Wondwossen Wakene (2009). The Law Of Administrative Contract,Prepared Under The Sponsorship Of The Justice And Legal System. Research Institute.

     

    1. منابع الکترونیک
    2. Ali El-Dena,Bahaa, Privisation And The Creation Of A Market-Based Legal System:The Case Of Egypt Available At:Books.Google.Com/Books?Id=5lr9af6guoic8.Pg 2002.
    3. Wala Arakeeb, The Vitality Of Construction Contract Provisions Within The Scope Of The Egyptian Legal System, Available At:Slcocf.Uaeu.Ac.Ae/Papers/CONF.

     

    References in Persian:

    1. A) Books
    2. Amani, M. (2010). Law on International Oil Contracts. First Edition, Tehran: Imam Sadegh University Press (In Persian).
    3. Ansari, M., Taheri, M. A. (2009). Encyclopedia of Private Law. Vol. 1, Third Edition, Isfahan: Jangal Publishing (In Persian).
    4. Anne R. (2007). The Rules of British Contract Law from the Perspective of Judicial Procedure. translated by Seyed Mehdi Mousavi, first edition, Tehran, Mizan Publishing (In Persian).
    5. Zandi Haghighi, M. (1968). Economics of Public Finance. Fourth Edition, Tehran: Nashr-e Azar (In Persian).
    6. Sanjabi, Karim (1964). Administrative Law of Iran. Third Edition, Tehran: Hedayat Publishing (In Persian).
    7. Shamei, Mohammad (2013). Administrative Contract Law. Second Edition, Jangal Publishing (In Persian).
    8. Amid Zanjani, A. A. (2005). Comparative Constitutional Law: Constitutional Law of Western Countries and Islamic Countries. First Edition, Tehran: Mizan Publishing (In Persian).
    9. Laglin, M. (2009). Fundamentals of Public Law. First Edition, translated by Mohammad Rasekh, Tehran: Ney Publishing (In Persian).
    10. Madax, R. W. (2013). Constitutions of the World. Translated by Seyed Moghaddad Torabi, Second Edition, Tehran: Shahr-e Danesh Publishing (In Persian).

     

    1. B) Articles
    2. Zahedi Mazandarani, M.d J. (2000), The Decline and Rise of the Welfare State. Social Security Journal, Fall 2000, 2(6), 129-164 (In Persian).
    3. Shahabi, Mehdi, The Interaction of Public Law and Private Law, A Reflection on the Variables of the Evolution of the Legal System. Journal of Constitutional Law, Fall and Winter 2009, 6(12), 53-70 (In Persian).
Public Law Studies Quarterly
Volume 53, Issue 2
Summer 2023
Spring 2023
Pages 1073-1094

  • Receive Date 08 March 2021
  • Revise Date 30 June 2021
  • Accept Date 26 December 2021

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