نوع مقاله : مقاله پژوهشی
دانشجوی دکتری حقوق خصوصی، دانشگاه آزاد اسلامی واحد میبد، مدرس دانشگاه غیرانتفاعی ایوان کی، میبد، ایران
عنوان مقاله [English]
The growing needs of societies necessitate the need for government intervention in business and economic affairs, and it is possible to improve the quality and performance of the legal system governing government contracts in the light of some theoretical principles and practical experiences. With the increase of population and the increasing expansion of government duties in the public interest, governments are forced to conclude various contracts of public and private type. Government contracts, in spite of preserving their classical and customary foundations, are an agreement between the parties to the contract and subject to the principles of all contracts. It is a private contract. In English law, when a contract is executed and a dispute arises between the parties to a contract, the matter is brought before a public court. The government, like the parties to the contract, is inevitably subject to the legal economic analysis governing the contract in the private sector. In Iran, concluding such contracts, due to the economic and social structure and absolute supremacy of the government, have special features and privileges that private law entities do not enjoy. In the United Kingdom, this type of contract, in which the government is a party, has a special feature and this is not necessarily for the provision of public services, because in this country the concept of public services is not known, but the public interest. Therefore, in this article, the effects of government contracts on the law of Iran and the United Kingdom are comparatively examined.