Effects of the General Facility Franchisor between its parties according to the instructions for implementing government contracts in Iraq and the Kurdistan Region

Abstract

The state arose and this was accompanied by its commitment to provide services to the public of individuals, whether citizens or not. In their beginnings, these services were limited to basic services in (security, defense and justice), which is imposed by the idea of ​​the guardian state, but the development in the role of the state forced it to intervene in a way wider in life, which arranged the rights of individuals towards the administration to demand more services, so it proceeded to establish public utilities to provide services, the administration faced difficulties in providing these services, and from the theories of the administrative contract, the solution followed by the administration was found, which is to grant the management of its public facilities to bodies that are not organically linked to the administration. to individuals and to provide services in a better way than if the administration itself provided the service and without transferring the ownership of the facility to the franchisee. However, the matter is not so simple. This privilege has produced rights and obligations on both sides that they must respect. The legislator took note of this, so he proceeded to grant the executive authority the power to issue subsidiary legislation to organize it. The difficulty of amending the laws if he regulates the rights and obligations, so that one of the rights of the concessionaire who seeks to make profit from his activity in the public facility becomes the financial compensation and the need to maintain its balance as well as his right to various facilities that the administration is obliged to provide to him. The franchise itself being the real owner of the franchise facility.