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International Journal of Development in Social Sciences and Humanities

(By Aryavart International University, India)

International Peer Reviewed (Refereed), Open Access Research Journal

E-ISSN:2455-5142 | P-ISSN:2455-7730
Impact Factor(2020): 5.790 | Impact Factor(2021): 6.013

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Paper Details

Management Authority in Monitoring the Implementation of the Concession Contract : A Comparative Study

Vol. 17, Jan-Jun 2024 | Page: 50-62

Basim Abdulkareem Hasan Al-Jhayyish
Faculty of Law, Islamic University of Lebanon, Lebanon

Muhammad Issa Abdullah
Faculty of Law, Islamic University of Lebanon, Lebanon

Received: 18-03-2024, Accepted: 17-06-2024, Published Online: 26-06-2024


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Abstract

The concession contract occupies a prominent place among administrative contracts, due to the important role it plays as a means of management in managing its public facilities, and what this requires of applying the principles that govern the operation of facilities, such as ensuring their regular and consistent operation. The contracting administration that owns the project has the authority to monitor the implementation of the contract in the service of the public interest. The authority of the supervisory administration has become one of the recognized topics, and does not raise controversy or doubt about it, but the discrepancy emerges from whether the administration’s authority to control is explicitly stated in the text of the contract or not mentioned in the text of the contract, or The oversight authority is stated in a law or regulation or not, and thus the administration has the right to monitor the establishment of the public facilities that are the subject of the obligation, and its progress from the technical, administrative and financial aspects, in addition to amending the obligor’s method of managing the public facility and dealing with the public of beneficiaries.

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