الفهرس 
النظرية العامة للعقود الادارية وطرق إبرامها وإنهائهايوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
An administrative contract in which the administration does not equate with individuals in the freedom to express the will in concluding contracts, so when the legislator specifies a specific method and specific procedures for concluding management contracts in pursuit of the public interest, in this case the method of expressing the will is mixed with the legitimacy of the will itself, so the will is not valid and considered except by following this method.
In view of the economic and technical development in developed countries and the need of developing countries to push the wheel of economic growth, construction, operation and transfer of ownership (BOT) contracts have emerged, which are based on a mixture of legal considerations of a different nature from traditional administrative contracts, and given the presence of the administration as a party to these contracts, and following Administration methods of public law, and their possession of exceptional conditions, as these contracts took on the form of an administrative contract, despite the different aspects of legal conditioning for them, on the one hand they are considered international trade contracts, and on the other hand they acquire an international character due to the presence of the foreign investor and his money within the territory of the national environment.
Given the need of developing countries to conclude these contracts due to their weak financial ability to establish projects that require huge sums of money that the state may be unable to provide, these countries resorted to concluding construction and operation projects contracts in which the investor builds or develops the contracted project, such as airports, ports, etc., and gets paid in return. This would enable him to operate this facility for his account for a certain period and to use it, then he would transfer the ownership of the project to the state in good condition.
Since the construction and operation contract and other such contracts began to appear, countries have rushed to create legal regulations that would develop the investment environment in them, given the importance of this contract in saving the national economy, and the weak financial capabilities of the state.
The PPP contract is also of particular importance, as it has been proven that the private sector in developing countries is more capable of managing investment projects, and from here countries have resorted to taking advantage of the potential of the private sector, whether domestic or foreign. The public and private sector moved the economy towards growth, and the GDP increased.
Perhaps one of the most important problems facing the administration in the PPP contract and the BOT contract is the problem of the possibility of terminating it unilaterally, especially if the public utility works well, and in fact the application of general provisions to terminate administrative contracts on these contracts is not easy. In view of the huge financial compensation that he spends on the project on the one hand, and given the possibility of the investor resorting to the judiciary to request compensation if the administration terminates the contract of its own will, the amount of compensation may exceed the amount of interest that the state may earn.
The importance of this study stems from the importance of the administrative contract in itself and the status it occupies at the present time. The importance of the contract does not stop at the issue of its holding, supervision, direction and control and the implications thereof, but rather extends to granting the administration to itself the authority to terminate the administrative contract by its own will for reasons of public interest. In itself it constitutes a dangerous concession granted by the administration to itself, which will necessarily lead to the contractor being unsure of the safety of his funds, so the importance of this study was evident in trying to find a financial balance between the management and the obligee, especially in the construction, operation and ownership transfer contracts (bot), and the partnership contract ( ppp), especially since the administration is resorting to these contracts at the present time to a large extent, on the one hand the administration resorts to such contracts to attract investors to its environment, and on the other hand, these contracts carry huge sums of money in their sides, so the need for legislation regulating these is no longer urgent. Not only contracts, but it has become imperative for the administration to create links between legislation and governance in the current era.