نوع مقاله : مقاله پژوهشی
نویسنده
گروه حقوق، دانشکده حقوق و علوم اجتماعی. دانشگاه تبریز، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
However, in the Iranian legal system, a legal entity called "administrative contract" has not been identified and despite the efforts of public law jurists, such a path has not gone well. But it seems that in Iran, in the shadow of the requirements of the modern state, some of the administrative contracts here, specifically the mandatory ones, have been in place for decades, and promise to establish a law known in the Roman-German tradition as an "administrative contract." The present article answers this question by understanding such importance: What are the grounds and problems of the birth of administrative contracts through compulsory contracts in the Iranian system? In response to this question, using the research method: descriptive-analytical, these results have been obtained. First; Compulsory contracts in Iran are, in many cases, functionally the same as administrative contracts. Second; Due to the occurrence of such a situation, one can hope for the legal recognition and establishment of administrative contracts in Iran and in this way it got rid of the confusion that prevails in the current atmosphere.Third; Despite the legislature's railing for the birth of administrative contracts in Iran, there are many obstacles in front of this legal institution in Iran. Fourth; The focus of these obstacles is in the view of the Guardian Council on the issue of the contract.
کلیدواژهها [English]
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