Volume 27, Issue 99 (fall 2022)                   __Judicial Law Views __2012__, 27(__59__): __224190 | Back to browse issues page

Research code: A-10-2855-1

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Vaezi S M, Kiani F. The Legal Status of Invalidity in the Administrative Contract and its Effects in Iranian Law. دیدگاه‌های حقوقی 2022; 27 (99) :169-190
URL: http://jlviews.ujsas.ac.ir/article-1-1797-en.html
1- University of Shiraz , mvaezi@shirazu.ac.ir
2- University of Shiraz
Abstract:   (25 Views)
Administrative Contracts qualify mandatory and warranted legal forms which follow some specific rules and procedures. However, failure to comply with the procedures may cover various performances. The main question which is intended in this paper is that to what extent is the issue of invalidity of administrative contracts in Iran conforms to the general rules of civil contracts, and what are the differences with them? Reflection on legal materials and articles, legal acts and legal doctrine, can lead to the conclusion that administrative contracts in a invalidity state does not merely guarantee void execution, but due to collecting administrations’ interests and individuals’ rights a specific situation which can be correct and void is considered. In some cases, so as to guarantee the rights of individuals, the contract is to the extent that it compensates for damage, has a credit. This claim referring to Article 92 of the Public Calculation Law and Clause 1 of Article 4 of the Regulations on the Implementation of the Statute of the Constitutional Court of the Complaints Board has been proven.

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Type of Study: Research | Subject: General Law
Received: 2019/11/08 | Revised: 2023/01/25 | Accepted: 2022/10/29 | Published: 2023/01/25 | ePublished: 2023/01/25

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