الطبيعة القانونية لقرار الإحالة القطعية في المزايدات العامة

Abstract

Each state by its Administration has the right to sell and rent the public movable and immovable property for various purposes and interests under public interest. Those powers granted to the administrative authority concerned with selling and purchasing, which enable it to perform its tasks, are not absolute, but rather are procedures regulated by laws and instructions issued to achieve this purpose. However, bidding processes are accompanied by many procedural and substantive problems, starting from its early stages to the final referral decision. Since the administrative decision constitutes a disposal by the administration to establish a legal center, modify it, or cancel it, this decision related to peremptory referral is not like any decision taken by the administration for the requirements of the public interest, but rather it is a decision that distinguishes, justifies, and supports it, especially since it did not jump, it suddenly surfaced. Rather, it was taken based on pre-determined procedures in the law and drawn up in detail in the folds of its texts, and when no agreement was reached between the legislator through several texts. This would not solve the problems arising from this situation and others. The statement of the legal nature of the peremptory assignment decision in public auctions made it important to discuss the research to form a general idea of ​​what the peremptory assignment decision is, as well as public auctions with explanation, detail, discussion, and conclusion, and researching the concept of the peremptory assignment decision in public auctions means finding Answers to a set of questions that are embodied in the nature of the final referral decision on the one hand, and standing at the effects that it entails, in terms of the rights and obligations that it creates for both parties, and what is meant by them is the administration on the one hand, and the increasing definitive referral on the other hand.