Volume 7 - Issue 2 (5) | PP: 129 - 140
Language : العربية
DOI : https://doi.org/10.31559/LCJS2026.7.2.5
DOI : https://doi.org/10.31559/LCJS2026.7.2.5
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The Legal Status of the Contractor vs. the Stronger Party (The State)- A Study on Guarantees for the Fulfillment of Rights and Restoring the Financial Equilibrium of Administrative Contracts
| Received Date | Revised Date | Accepted Date | Publication Date |
| 9/2/2026 | 2/8/2026 | 10/8/2026 | 8/9/2026 |
Abstract
Objectives: The study aims to provide a comparative analysis of the legal frameworks in the Sultanate of Oman, the Arab Republic of Egypt, the Hashemite Kingdom of Jordan, and recent jurisprudence and judicial rulings in France, in order to identify legal remedies that safeguard contractor rights against administrative arbitrariness and ensure economic stability. Methods: The study adopted a descriptive-analytical approach to examine and analyze the legal provisions governing administrative contracts, and a comparative approach to compare the legal framework in the Sultanate of Oman with those of Egypt, Jordan, and France, with the aim of identifying and drawing upon best practices. Results: The study reached the following Key Findings: Administrative privileges are not absolute but are constrained by the necessity of serving the Public Interest (Collective Benefit) without prejudicing the contractor's legal standing, and there is a discrepancy in the adequacy of national legislative texts regarding contractor compensation for delayed payments when compared to the established standards of French administrative jurisprudence. Conclusions: The primary Recommendations are: National legislations must explicitly establish binding timeframes for public administrations to settle financial dues, along with automatic compensation mechanisms for delays, and specialized committees should be established for Mediation (Amicable Settlement) and the rapid resolution of administrative contract disputes prior to judicial litigation.
How To Cite This Article
Al Hajri , Z. M. (2026). The Legal Status of the Contractor vs. the Stronger Party (The State)- A Study on Guarantees for the Fulfillment of Rights and Restoring the Financial Equilibrium of Administrative Contracts. International Journal of Legal and Comparative Jurisprudence Studies, 7 (2), 129-140, https://doi.org/10.31559/LCJS2026.7.2.5
Copyright © 2026, This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.