Government authority to terminate the administrative contract by her own free will (A comparative study between Egypt and the United Arab Emirates)

Abstract

The administration enjoys, vis-à-vis its contracting party, unusual powers in the field of private law. This is because the administration aims through these contracts to achieve the public interest. Among these powers is the administration’s authority to terminate the administrative contract of its own volition, without fault on the part of the contractor, if it deems that the continued implementation of the contract does not achieve the goal. The public interest that was targeted by concluding it, in addition to its authority to criminally terminate this contract as a result of the contractor committing a violation of the terms of the contract, in a way that would not be appropriate for his continued implementation of the contract. Given that the administration’s right to terminate the administrative contract is connected to public order, its exercise of these powers does not require a stipulation in the contract or the law. The administration has the right to use these powers without a text stipulating that. Despite the stability of jurisprudence and the elimination of granting the administration the authority to terminate the administrative contract for considerations of the public interest or as a contractual penalty, a number of restrictions have been placed to ensure that it does not abuse this right, since such termination would cause serious harm to the contracting party with the administration.