Open AccessTHE ROLE OF ENFORCING TRANSPARENCY, COMPETITION AND OBJECTIVE CRITERIA IN DECISION MAKING IN SUPPORT OF THE WEAK PARTY OF GOVERNMENT CONTRACTS
Author(s) -
Kheirollah Parvin,
Karim Farhadi
Publication year - 2019
Publication title -
revista gênero and direito
Language(s) - English
Resource type - Journals
eISSN - 2179-7137
pISSN - 2177-0409
DOI - 10.22478/ufpb.2179-7137.2019v8n3.47765
Subject(s) - transparency (behavior) , government (linguistics) , safeguarding , private sector , business , equity (law) , public sector , law and economics , competition (biology) , public economics , economics , law , political science , ecology , philosophy , linguistics , biology , medicine , nursing , economy , economic growth
The special features of government contracts, such as the accession of these transactions and the prioritization of public interest over private interests, create a situation that undermines the principle of equality of the parties and their free will and weakens the private side of these contracts. The weaknesses on the private side of the contract are not always in the public interest, and exacerbating this situation can lead to a weakening of the private sector and ultimately to the general economy of countries. Therefore, lawyers and economists have come up with ways to protect it from the weak side of government contracts. The fruit of weak support in government transactions is to balance the benefits of executing and executing these contracts and thereby achieve public goals while strengthening and safeguarding the interests of the private sector. One of the most effective ways of supporting the weak side is to create a framework that compensates for non-compliance with the principle of equity in government transactions and provides grounds for fair private sector growth and development. The most important of these contexts are the implementation of the principles of transparency, competition and objective criteria in decision making. In this article, while outlining these principles in relation to government contracts, we will study the role of adherence to each of these principles in protecting the weak side in government contracts.