Date of Award
Master of Judicial Studies (MJS)
Dr. Muhammed Hassan Ali Muhammed
Dr. Nagi Wakim
Dr. Magdi Suaib
This thesis deals with the idea of transformation the defective administrative decision to another lawful decision as one of the means which lets the will of the administration survive, and reduce the administrative decision nullity cases, and its negative effects on the administration and on individuals as well.
This idea means that if the void administrative decision or the voidable one contains the elements of another correct decision, the latter one will be considered as the legal and true decision if it obviously appears that the intention of the administration would tend to the new decision if it had known the invalidity of the original decision.
This idea was not well-known in the scope of the public law, but has been borrowed from the scope of the private law by analogy with the idea of turning the illegal act of law into the correct legal act, and specifically in the field of contracts.
This study is of great importance because of the privacy of administrative decisions as they have their own characteristics and advantages which make them different\ from other legal actions, in addition to the absence of a specific legal text about the administrative law; despite of its great benefits that can be achieved for both administration and individuals.
This study aims to clarify the idea of the defective administrative decisions transformation by searching in the origin and conditions of the legal acts transformation idea in the scope of the private law, either in the old laws or new legislations, and also deals with the concept and conditions of the defective administrative decisions transformation, then distinguishes it from similar lawful ideas in the first chapter.
In the second chapter, the study deals with the position of law scholars (fiqh) and judiciary regarding the idea of transforming the defective administrative and its legal basis, furthermore search the transformational procedures and the designated authority, and the legal nature of the transformation and its period and effects.
The conclusion from this study emphasizes the importance of the implementation of this idea on the defective administrative decisions inorder to save it from nullity, but despite of this idea advantages, many countries have not implemented or considered it. even some of the countries that accepted the idea apply it in a very narrow limit, and This is what can be noticed due to the so limited number of judicial decisions. This raises many questions about the level of understanding of the idea and its effectiveness and benefits, especially as it has not been legislated in the public law yet.
الشناق, منذر فخري, "The Defective Administrative Decision Transformation" (2017). Theses. 614.