احكام النظام العام في عقد الاشغال العامة (دراسة مقارنة)

Rules of general system on Public Works Contract (A Comparative Study)

A public works contract indeed represents the basic and pivotal role in moving the
economic wheel for a state. It is usually considered as a window for the executive
authority in organizing and constructing the public facilities which by its turn form
a state economic machine. This contract contains a complex procession whether
it is procedural measures or subjective ones.
Some of these measures relating to the public Order, is obliged not to be broken.
It is the dominating rules in entering and executing public works contracts, which
represent procedural and subjective regulations where any managing authority
has to commit in executing the public works contract. Thus, the principle of a
contract is the legislation of the contracting parties. And the contract liberty in
the space of managing contracts and the public works contracts in particular turns
up into the principal of contract is the legislation of the public facility. Therefore,
due any managing authority and contracting party in concert are committed to
already-made regulation, rules and controls.
But despite all this, some of these various rules and regulation are not allowed for
the managing authority to break or disagree as it connects totally to the public
welfare. It is considered as the basic foundations related to highly idealized values
for society. Some of it has been issued by the legislator with the material and
legislative laws and some others remains without legislation. But justice always
has to play its role in exposing as being considered as a part of the legislative
value order which has carefully to be made the legislative actions particularly
entering the public works contracts.
In such kind of contracts, we demonstrate the meaning of works contracts, later
transferring to rules concerned with making public works contracts and to what
contain of form and content procedures and governing rules related with the
public Order. Then, we move to the phase of dominating rules in executing
contract and to what the contracting parties have to do subsequently of
commitments and rights obligedly done by works contracts.
Therefore, we have reached to the most distinguished results which means the
idea of the public Order is really flexible and rubber-like and unlimited. But this
idea is indeed related to the basic foundation in which a society are constructed
and it is unallowed to any other thought to contract its basic foundation made by.
Also, in this study we have reached to some various suggestions, the most
importantly ones where we call for the legislator not to mix between the social
changes and the legislative rules represented as translation to these rules. And in
order not be a large chasm between the social and changes and the legislative
significations represented by the law texts. As well as we call for the legislative
authority to issue and a special law to the meaning and concepts of the public
works contracts