Role of Public Authority in Protecting the Interests of Parties in the Contractual Relationship Between the Academic and the University or Private College

Abstract

The contractual relationship between the academic and private universities and colleges, like other contracts, does not lack the non-realization of the interests of its parties; assuming the existence of disparities between the legal positions of the parties in this relationship. One of them may enjoy a special economic position, making him impose whatever arbitrary terms he wishes on a party driven by economic need to succumb to them and accept them with the least rights. This led the public authority (Ministry of Higher Education and Scientific Research), with its supervisory and follow-up authority over these universities granted by the Private Higher Education Law No. 25 of 2016, to take regulatory solutions that somewhat contribute to achieving the common interest of the parties in the contractual relationship, and at the same time, guarantee all their rights, especially the rights of academics as they are the direct link for higher education institutions to provide their academic activities.