The Impact of The Theory of Unforeseen Circumstances on Administrative Contract of Libyan Law

Abstract

The content of this research is summarized in defining of the theory emergency circumstances, as it is one of the most important theories that the Administrative judiciary in Libya has relied on to restore the financial balance of the Administrative contract. Since, after concluding the contract during its implementation, natural, economic or political  circumstances or events may occur that were not expected when concluding the contract, which affected its implementation so that implementation becomes very difficult, here the Administration must intervene and participate with the contractor in bearing part of the loss that he incurred as a result of these circumstances so that the financial balance of the Administrative contract returns to what it was before these circumstances, even partially. This treatment is in accordance with that is stipulated in the Libyan Administrative contract regulation issued pursuant to resolution No. (600) of 2024 AD by the Council of Ministers of the Government of National Unit. To apply this theory, its conditions must be met, which are that these circumstances are unexpected and cannot be avoided, and that they are beyond the control of the contracting parties, and that these circumstances occur during the implementation of the contract such that they lead to a disruption of the financial balance of the Administrative contract. In order for the contractor to be entitled to appropriate compensation as a result of occurrence of these continue to implement the contract despite the difficulties he faces in implementation. Therefore, the two parties to the contract must take into account the legal rules when these circumstances occur. Continue Necessary to implementing the contract in the public interest.