Administrative contracts are contracts made between the administration and private individuals for the execution of public services. Disputes arising from these agreements are resolved through cancellation and compensation cases in administrative jurisdiction.
Cancellation Case:
An annulment lawsuit is a lawsuit filed to annul an administrative action that is considered to be unlawful. Cancellation cases regarding administrative contracts are regulated in Article 10 of the Administrative Procedure Law (İYUK). In this case, the illegality of the transaction in question must be proven.
Law of torts:
A compensation lawsuit is a lawsuit filed by a person who has suffered material or moral damage due to an administrative action, to compensate for this damage. Compensation cases regarding administrative contracts are regulated in Article 11 of the IYUK. In this case, it must be proven that the transaction in question is unlawful and that this violation caused damage.
Competent Courts for Cancellation and Compensation Cases:
In disputes arising from administrative contracts, the competent courts are administrative courts. The lawsuit is filed in the administrative court where the transaction in question was carried out.
Case Duration in Cancellation and Compensation Cases:
The annulment case must be filed within 60 days from the date the transaction was learned and, in any case, within 1 year from the date of the transaction. The compensation lawsuit must be filed within 60 days from the date of learning of the damage and, in any case, within 5 years from the date of the damage.
Required Documents in Cancellation and Compensation Cases:
The documents required for cancellation and compensation cases are as follows:
• Petition of lawsuit
• Required fees
• Notification document of the transaction in question (for annulment case)
• Documents showing the damage (for compensation lawsuit)