Civil Judge's Power to Monitor Suspension Contracts

Abstract

The endowment enjoys moral personality and financial independence, and this results in proving its full capacity within the limits of its establishment contract. Therefore, it was necessary to monitor these contracts to protect the endowment from looting and theft.

Endowment contracts are very similar to administrative contracts issued by the administration, due to the fact that the body supervising it is a public administration of public law persons, so it was necessary to determine the nature of endowment contracts in terms of civil contracts or administrative contracts, in order to determine the jurisdiction .

 They are civil contracts, given that the endowment institution enjoys a legal personality and financial liability independent of its managers. In the eyes of the law, it is a private law person, so the civil judge is the one who considers it and the disputes arising from it.

 This research aims to know the extent of the civil judge's powers in monitoring endowment contracts. That the civil judge does not have the direct authority in oversight except after a request from the stakeholders in that, and he can invalidate or amend contracts, which may be a legislative amendment under general legislative texts such as civil or private law related to endowments, or it is a judicial amendment under the discretionary power granted to the judge with explicit texts.