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Feasibility of extinction of obligations due to the legal entity of conversion of obligation in public contracts in comparison with private contracts
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Seyed Mahdi Masoudi Alavi *   |
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Abstract: (314 Views) |
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 '' conversion of obligation '' as one of the causes of extinction of obligations, It has been tried to be analyzed to determine the possibility or impossibility of parties' extinction of obligations by the legal entity mentioned in the public contracts in comparison with private contracts in various assumptions of changing the four pillars of obligation, including changing the subject, source, obligor and obligee. The obtained results indicate that the cases that were likely to be examples of the conversion of obligation in the public contracts are different from the mentioned legal entity. Therefore, it can be acknowledged that, unlike private contracts, in principle, the conversion of obligations is one of the causes of extinction of obligations in them. In the public contract, due to its inclusion in the number of special contracts and also the lack of competence to consent to the conversion of obligation for the government employer, similar to the restrictions of the legal institutions of rescission of a contract and offset, extinction of obligation by the legal entity of the conversion of obligation is also excluded in the contract.
This specific rules, undoubtedly arises from preferential and authoritative inherent of public contracts and based on ''soverenighty of law principle'' in official contracts to provid public benefits and interests.
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| Keywords: Conversion of obligation, public contract, private contract, public law, preferential and authoritative inherent of public contract. |
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Full-Text [PDF 380 kb]
(58 Downloads)
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Type of Study: Research |
Subject:
Special
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