Legal Limits Of Management's Authority To Amend And Terminate An Administrative Contract

Abstract

The law and the administrative judiciary admit exceptional rights, powers, and privileges for the administration, because the features of the administrative contract are related to the organization and management of the public utility, in addition to the principle of the public utilities’ ability to change and modification and keep pace with the requirements of renewal to achieve the public interest and satisfy the needs of the public, and that the administration enjoys these powers even if it is not stipulated in the contract because it follows the public order, and that the authority of the administration to amend and terminate the administrative contract at its own will is one of the most important features that distinguishes administrative contracts from civil contracts, which considered one of the exceptional and unusual conditions in private law contracts, also, this authority constitutes a strong exception to the rule of the Statutory Contracting Agreement, which stipulates that no modification or termination of the contract may be made except with the agreement of the two parties or based on the text of the law.