The idea of financial balance for the administrative contract in Yemeni law and comparative law

Abstract

The administrative contract is distinctive in its legal measures from the private contract. The public administration has its own authorities and privileges; there are new obligations should be done by the public administration for the contractor which were not familiar in private law contracts. The public administration is committed to redoing the financial balance of the administrative contract in the cases recognized by jurisprudence. These cases represented by the theory of Al-Ameer work, the theory of emergency circumstances and the theory of unexpected material difficulties. These commitments and procedures are done according to rules and methods approved by the administrative judiciary in order to achieve the public interest, and to maintain the regular and steady functioning of public utilities.

In its acts, the Yemeni law legitimates the financial rebalancing of the administrative contract in such cases. It also defines the concerned authority and the rules on which it depends and the methods of financial rebalancing of the administrative contract in each case. Moreover, it has its independent measures in some solutions and treatments from what are approved by the administrative judiciary.