Principles Governing on the Government Private Contracts (Iran And England)

Abstract

Given the increased population, extending the state's duties very much day after another, and also in order to provide the public interests, states should inevitably hold different contracts with various divisions of society. The governmental contracts have so far classified into two types of the governance and commissioner which their principles and rules are different from each other. In other words, the principals of commissioner contracts make the state follow the private and civil law. Additionally, considering the role of the state as the other party contracts and employer or goods buyer, and providing the public interests, which the private and public contracts taken into account in England, the private governmental contracts are based on principles and rules rooted deeply in the governance role of the state and its being representative in providing the public interests. The state cannot act disregarding its representative role such as the parties of civil contracts. So, the states usually include special condition in their private contracts and apply some principles in these contracts to make them similar to their public contracts. However, there are some differences between these two types of contracts which distinguish them. Actually, their common denominator, their accomplishment and signing up are to provide the public, state and society interests. This makes different the private contracts of the state from the private sector and also, principles dominating them are very different from those affecting the civil contracts.