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The characteristics of breach of obligation and its resulting liability in public contracts in comparison with private contracts
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Seyed Mahdi Masoudi Alavi *   |
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Abstract: (204 Views) |
Abstract
Public contracts are regarded as official contracts and belong to public law sphere and under specific principles dominated on this sphere.Therefore, despite its similarities with private contracts; it has obvious differences with it in shape, nature and especially in legal consequences.
In this article, by focusing on "breach of obligation and its resulting liability", it has been tried to analyze the special rules and conditions of breach of obligation and its resulting liability in the public contract, in comparison with private contracts. For instance, unlike the stages of fulfilling the commitment after the breach of obligation in private contracts, in the public contract, the right to succeed the government employer without resorting to judicial authorities is one of the preferential rights that is specific to administrative contracts, including government contracting agreements. Also, in private contracts, in case of breach of contract, the opinion of a neutral authority is applied, while in the public contracts, the opinion of the supervisor engineer, who is introduced to the contractor by the employer, is decisive, etc.
This specific rules, undoubtedly arises from preferential and authoritative inherent of contract and based on ''soverenighty of law principle'' in official contracts to provid public benefits and interests |
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| Keywords: Breach of obligation, liability, public contracts, private contract, public law, preferential and authoritative inherent of contract. |
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Full-Text [PDF 384 kb]
(38 Downloads)
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Type of Study: Research |
Subject:
Special
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