The Right of the Administration to Request the Financial Rebalancing of the Contract - A Study in the Light of the Provisions of the Saudi Administrative Judiciary System

Abstract

Undoubtedly, the right to restore the financial balance of the dysfunctional administrative contract in obligations and burdens is one of the rights guaranteed by the law, approved by the judgments, and upheld by the jurists of the administrative law. It is recognized that the parties of the contractual relationship, i.e., the contractor and the administration, determine this right.

 Many researchers fail to address the right of the administrative body to restore financial balance and seek compensation for damage  and they focus on the right of the contractor - Considering that he is the weak party in the contractual relationship-    Although there are theories adopted by the administrative judiciary to restore the financial balance of the contractor, including emergency circumstances and the work of the Prince, but they do not apply to the administration as it is a public authority that has the means to rebalance by itself.

This research aims to study the right of the administration to request the financial rebalancing of the contract in accordance with the Saudi legal system, according to a descriptive approach to know the scope and appropriateness of the protection provided by the administrative law in the field of management's right to seek compensation.

The researcher dealt with the management authority in the administrative contract, went through the bases of the administration's right to compensation, the nature of the administrative judiciary control over the lawsuit, the general trends in determining the contractor's contractual responsibility and obliging him to compensate the administration for the damages that he may cause, or if conditions took place in the contract’s process, that led to management loss of public money.

The research concluded that there is a framework for protection and assurance of the right of the administration to seek compensation according to special controls and different assumptions, and that the judgments are not in a uniform format in particular.