The Legal System for the Administrative Supply Contract

Noor Issa Al-Hendi

doi:10.7176/jlpg/98-23

Abstract

The public administration shall resort to concluding an administrative supply contract in order to ensure the regular functioning of public facilities and steadily in the state, given the need of all public utilities for movables, and the administration shall paid a price specified in the contract.however, the administration enjoys, under this contract, privileges and powers that make it a stronger legal position than the supplier, since it aims to achieve the public interest, so a balance must be found between the administration’s interest in achieving the public interest and the interest of the resource that aims primarily to achieve profit as a result of concluding This contract, and it must be noted that there is judicial control exercised over all the administration's actions in order not to be arbitrary in the use of its privileges. Keywords : administrative supply contract, supplier, administration, Jordanian supplies system, administration privileges. DOI: 10.7176/JLPG/98-23 Publication date: June 30th 2020

Highlights

The administrative supply contract is one of the named administrative contracts, and it has practical significance so the administration resorted to concluding this contract to ensure the regular functioning of public facilities, by providing the administration with movable funds necessary to achieve the public interest, so this contract is a legal agreement, arranging certain legal effects towards the administration and others, and the administration applied the rules of administrative law, and until the contract is described in the administrative contract, certain conditions must be met, namely that one of the parties to the supply contract be a person of public law, and that the contract relates to a public utility activity, and that it is subject to the provisions of common law by including exceptional conditions unfamiliar to the private law .This research will deal with the legal organization of the administrative supply contract by clarifying the concept of the administrative supply contract, its characteristics, the legal rules that govern it, and the conditions that must be met in it, as well as clarifying the methods for selecting the contractor with the administration in the administrative supply contract, and the restrictions on the administration’s freedom to choose the contractor with it, and the implications of the administrative supply contract represented by the contractor's rights and obligations and management rights, the conclusion of the research, recommendations and references.2
This research will deal with the legal organization of the administrative supply contract by clarifying the concept of the administrative supply contract, its characteristics, the legal rules that govern it, and the conditions that must be met in it, as well as clarifying the methods for selecting the contractor with the administration in the administrative supply contract, and the restrictions on the administration’s freedom to choose the contractor with it, and the implications of the administrative supply contract represented by the contractor's rights and obligations and management rights, the conclusion of the research, recommendations and references