Settlement of Administrative Contract Disputes by Non-Judicial Way in the Saudi Law: Composition Contract as a Model: A Comparative Analytical Study 10.35781/1637-000-107-005

Abstract

The study aims to serve researchers and specialists by knowing models of non-judicial means in settling disputes in administrative contracts, such as the composition contract, and conducting a comparative study of the French and Egyptian law, with the settlement committees law in the Kingdom of Saudi Arabia. The study adopted the comparative inductive approach, by presenting what is related to the composition contract and its role in settling disputes in administrative contracts in the settlement committees laws in the Kingdom of Saudi Arabia, and comparing it with the French and Egyptian laws. The study contain an introduction, a preface, three chapters, and a conclusion. The importance of the study appears through the Saudi organization's orientation towards devoting non-judicial settlement mechanisms in disputes, especially in the field of administrative contract disputes through settlement. The study problem: Due to the many disputes that fall within the scope of administrative contracts, this has led to the emergence of many means to resolve these disputes in a non-judicial manner. However, legal jurisprudence in general has raised many problems about these means; especially with regard to the validity of their application in administrative contract disputes due to the special nature of that contract, which raised an important question in the mind: What are the non-judicial means that are suitable for settling disputes in administrative contracts? The study arrived at several results, the most prominent of which are: Reconciliation and resolution in the Saudi law are broader in scope than in Egyptian law. Reconciliation in the Saudi law may be achieved by waiving everything that the two parties request or part of it, unlike Egyptian law, which allowed waiving part of what the two parties claim.