The Role of Will in Administrative Contracts: a Philosophical Systematic Study

Abstract

The present study basically aims to identify the subjectivity of administrative contract and its philosophy,  and to uncover its connection with its origin, to highlight and prove the equality between its parties, and demonstrate its effect on the principle of will, through finding an appropriate contractual technique that provides the maximum limit of complying with the issues of public interest, also one that does not waste the private interests of the contractor with the public administration.

By uncovering the points of contradiction that might be raised between the fundamental bases that are associated with the administrative contract theory and the role of will in the contract theory in general, the concept of consensus in the field of administrative contracts is characterized with an array of specific characteristics and determinants that provides it with legal status. Moreover, even if it’s associated to the public law-since it is related to the public interest and manages the public facility- it does not indicate its deviation from the legal specificity of the contract since it is considered a reflection of the legal action based on the mutual will of the two contracting parties.