نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
In the current legal system of Iran, although the contract is one of the most important tools of the government in the administration of affairs, but due to the difference between the governing principles of government contracts and private contracts, a different legal system has been provided for government contracts. The difference between the legal system governing government contracts and private contracts is the difference in the principles governing these contracts. One of the most important principles governing government contracts is the principle of formality in concluding these contracts. Based on this principle, the mere consent of the parties and request and acceptance is not enough for the conclusion of government contracts, but according to the law, certain formalities before, during and after the conclusion are foreseen for government contracts. The need to systematize the stages of the contract is one of the most recent formalities foreseen for the conclusion of government contracts. The meaning of this principle is that all stages of concluding government contracts must be done in the system of registration, notification and through the electronic system. The question that exists regarding all formalities of government contracts in general and the need to systematize these transactions in a particular way is what effect does non-observance of these formalities have on the concluded contract? Examining this issue in Iran's legal system showed that from a legal point of view, if these formalities are not followed as prior formalities, it provides the possibility of terminating the contract. However, if the registration in the system is not followed as a later formality, it has no effect on the validity of the concluded contract.
کلیدواژهها English
