چکیده:
Based on the distinctions between administrative and private contracts and the predominant administrative and sovereign nature of administrative contracts, it is desirable for disputes regarding this type of contract to be handled in administrative courts by judges familiar with the principles and rules of this field. However, in the judicial practice of Iranian courts, most disputes in this field are handled by general courts. This article uses a descriptive-analytical method to critique the judicial practice of courts in handling disputes regarding 'administrative contracts.' According to the findings of this research, although in the judicial practice of the Supreme Court and the Court of Administrative Justice, most administrative contracts and matters arising from them have been excluded from the jurisdiction of the Court of Administrative Justice and their handling has been placed under the jurisdiction of general courts; however, based on the Constitution and ordinary laws, the handling of these matters should take place in the Court of Administrative Justice. Of course, in using this criterion, a distinction must be made between administrative contracts and absolute government contracts, and only the handling of complaints regarding those types of administrative contracts that benefit from the powers and privileges of public authority should be considered within the jurisdiction of the Court of Administrative Justice.
خلاصه ماشینی:
" According to the findings of this research, although in the judicial practice of the Supreme Court and the Court of Administrative Justice, most administrative contracts and matters arising from them have been excluded from the jurisdiction of the Court of Administrative Justice and their handling has been placed under the jurisdiction of general courts; however, based on the Constitution and ordinary laws, the handling of these matters should take place in the Court of Administrative Justice; of course, in using this criterion, a distinction must be made between administrative contracts and absolute government contracts, and only the handling of complaints regarding those types of administration contracts that benefit from the powers and privileges of public authority should be considered within the jurisdiction of the Court of Administrative Justice.
The effect of considering contracts as civil is not merely placing and examining them in a specific branch or field of legal science; rather, this matter has various substantive effects on the method of application dated 2013/03/12, which was issued in the capacity of resolving conflicts between the rulings of the Court's branches, has deemed some subjects with a contractual nature, such as "the lawsuit to compel government agencies to implement the terms of official commitment letters," within its jurisdiction.
Regarding the formalities for concluding administrative contracts, it should be noted that despite the judicial practice in this regard, any action by an administration contrary to the legal formalities prescribed for the conclusion of a contract definitely falls under the title of "decisions and actions of government units" in Article (10) of the Law on the Organization of the Court; from this perspective, in principle, handling complaints against it falls within the jurisdiction of the Court of Administrative Justice, unless the legislator has provided a specific authority for this purpose.
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