Cases of Nullity of Administrative Contract Compared to Civil Contract under the Jordanian Legislation

Abstract

This article examines the degree of effect of the theory of nullity in Jordanian civil law on administrative and civil contracts and the utmost key cases of nullity of the administrative contract as compared to civil contract. The descriptive and analytical research approach is adapted to achieve the research objectives. In carrying out its activity, the administration resorts to several diverse and numerous means and actions, and these actions may be physical or legal actions. Legal actions may be unilateral actions, which are called administrative decisions, or they may be two-sided, meaning an agreement, which is what, is called contracts, whether these contracts are concluded between persons of public law and between a person of public law and one of the persons of private law. The administrative contract does not differ in its work from other contracts if it is concluded by simply exchanging the expression of their wills between the two parties, taking into account the specific conditions stipulated by the law for its conclusion. In its formation, it is necessary that its pillars be present, which are the administration element, the place element, and the cause element. It is also necessary that the conditions for its validity be met, which is that the will of its two parties is free from any defects of consent that may taint it. Towards the end, results and recommendations are properly incorporated.