مجلة آفاق للبحوث والدراسات
Volume 8, Numéro 2, Pages 201-212
2025-07-31

The Principle Of The Binding Force Of Contract (pacta Sunt Servanda) And Its Applicability In The Field Of Administrative Contracts

Authors : صادقي عباس .

Abstract

This article critically explores the principle of pacta sunt servanda (the binding force of contracts) and its interaction with the administration's unilateral amendment authority within the framework of administrative contracts. It analyzes how administrative contracts balance the need for contractual stability with the flexibility required to address public service demands. Drawing on legal doctrines, judicial precedents, and practical applications, the discussion highlights the distinctive features of administrative contracts, including the administration's prerogative to amend agreements to ensure public interest. The article emphasizes the importance of maintaining financial equilibrium and safeguarding the rights of contracting parties while adapting to evolving administrative needs.

Keywords

Pacta Sunt Servanda; ; Binding Force of Contracts ; Unilateral Amendment ; Administrative Contracts ; Public Interest