The impact of emergency conditions in the implementation of the administrative contract

oleh: Hassan Mohamed Ali Hassan Al-Banan

Format: Article
Diterbitkan: University of Mosul College of Law 2013-09-01

Deskripsi

When the economies of contract are seriously affected due to exceptional circumstances that could not be expected at the moment of signing the contract , the execution becomes much more difficult on the contractor s part . this brings forth more loss exceeding the familiar normal loss in normal dealing . thus the contractor has the right for asking help from the administration to overcome such circumstances and in order to take part in assuming the responsibility of the loss . this is the core of the theory of emergent circumstances regulated by Article 146 - 2 of the Iraqi civil law no . 40 - 1951 , which deals mainly with committing the harmed contractor to keeping on the execution of the contract . on his part , on the one hand committing the contracting administration to compensating the harmed contractor , on the other hand.