The authority of the management to terminate the administrative contract -An Analytical Study

Administrative contracts are one of the legal means used by the administration to carry out its activity, for they enjoy the privileges of the public authority. The purpose of it is to ensure that the administration performs its functions aimed at achieving the public interest. Among those exceptional privileges and powers that the administration has to encounter by the contracted party is the authority to terminate the contract by its own will without the need for the contracted party’s approval or acceptance even without a mistake on his part. Through this research, the definition of the termination of the administrative contract and the legal basis for the administration’s use of its authority to terminate the contract have been clarified, and the cases of contract termination in the Kingdom of Saudi Arabia and in the French law in question as well as a statement of the procedures and effects of termination of the contract. The research has concluded a number of results and recommendations Most notably that the government procurement and competition system has not included an inventory of all cases that could justify the termination of the contract, although it could be included in the cases of termination in the public interest. The most prominent recommendations are the necessity of allowing the administration to guarantee the contract for other cases of termination in proportion to its nature, as well as setting controls to compensate for the termination of the administrative contract.