Public Administration Powers in Amending and Terminating Administrative Contracts

Abstract

This study examines the powers of public administration to amend and terminate administrative contracts in Yemen, under the Yemeni Public Tenders and Auctions Law and its executive regulations, and evaluates the protection of contractors' rights and judicial oversight of administrative decisions. The study employs a comparative legal analysis drawing on the experiences of Egypt and France, and reviews Yemeni judicial rulings and practical applications. It addresses the concept and characteristics of administrative contracts, the legal basis for discretionary powers in amendment and termination, and the legal and judicial safeguards for contractors. The findings indicate that Yemeni legislation grants broad administrative powers but lacks detailed provisions, with limited substantive judicial oversight, creating a gap between theory and practice. Administrative practices show potential for abuse and imbalance in the financial equilibrium of the contract. Accordingly, the study proposes reform measures, including defining cases of amendment and termination, documenting procedures, determining financial compensation, and enhancing judicial oversight, aiming to protect contractor rights and serve the public interest. This research contributes to filling the scientific gap in Yemen and provides a practical framework for improving legislation and administrative practices.