Evaluation of Change in contract conditions in terms of public and governmental official’s decision

Expressing aspects of the conflict between the decision of public and governmental officials and bilateral agreements is not always limited and does not lead to the supremacy of public law over private law and, as the case may be, requires case attention. This subject is important not only in terms of supremacy of the public affairs on private law but also in terms of the nature and effect of the contracts. This article examines and explains the nature of public-government officials’ decisions and their impact on private contracts. In this line, generally adopted decisions, regulations, policies, and circular letters have been issued beyond private will. Moreover, its observance is in some way binding on the parties to the contract, and at the same time, the implementation of the contract is affected by it. The type and content of the decision can take on a different nature and ultimately impact the contract. Therefore, the nature of the subject must be reviewed in terms of institutions and other dimensions and, finally, its effects on contracts to be considered. The considerations will conclude that since the decision of public officials in some cases is based on law, regulation or implication if the parties did not consider this title (government action and ruling action) as force majeure, depending on the approach of legal systems - And in line with the principle of Stability in Contracts- it should be identified in terms of contract modification, third party obligation (legal obligation), change of circumstances (Hardship or Frustration of contract), and to respect the will in good faith of individuals. The contract was dissolved only in the absence of any of the required items.