PACTA SUNT SERVANDA PRINCIPLE WITHIN ADMINISTRATIVE CONTRACTS IN JORDANIAN AND SAUDI SYSTEMS

Authors

  • Mohamed Fahmi Ghazwi, Mash`al Mofleh Aljarrah, Jehad Dhifallah Aljazi

Abstract

Most of legislation regulatedpacta sunt servanda principle within the range of their laws
whether they areexplicit or implicit including Jordanian Civil Law, while Saudi system didn’t
adopt this rule based on Islamic Sharia in regulating civil contracts.
If pacta sunt servanda principle used significantly in the range of civil contracts, it is different
concerning administrative contracts since they are held to achieve general interest where the
general administrative as it is the strong party can practice some powers that derived from the
principles of general law even the administrative contract doesn’t stipulate. The study
concluded many results, the most important are the disagreement among the parties of a civil
and an administrative contract and there is no equality among the parties of both contracts.
The study set many recommendations the most important is the needfor the Jordanian
administrative judiciary to have jurisdiction to arbitrate disputes administrative contract.

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Published

2020-12-01

How to Cite

Mohamed Fahmi Ghazwi, Mash`al Mofleh Aljarrah, Jehad Dhifallah Aljazi. (2020). PACTA SUNT SERVANDA PRINCIPLE WITHIN ADMINISTRATIVE CONTRACTS IN JORDANIAN AND SAUDI SYSTEMS. PalArch’s Journal of Archaeology of Egypt / Egyptology, 17(6), 3873 - 3891. Retrieved from http://mail.palarch.nl/index.php/jae/article/view/1502