الدفوع الموضوعية في دعوى المسؤولية العقدية الناشئة عن العقد الإداري : دراسة مقارنة

الملخص EN

Administrative contract is considered one of the legal acts that are taken by the administrative authorities in order to carry out its responsibilities in an organized and continuous manner for the sake of assuring the sustainability of public services.

This contract, as same as of mutual contracts may accompanied by some problematic issues during of its performance due to the non-implementation of contractual obligations by one or more of its parties.

The matter which may lead to the arising of contractual liability and therefore the plaintiff seeks remedies through court litigation.

The administrative contractual liability differs from the private contractual liability from the aspect that such a liability may arise despite of the non-existence of the wrong act and regardless of any damages on the administrative authority.

When courts hear contractual liability proceedings both of the contractual parties submit their pleas, which could be either procedural or substantive pleas.

In both cases it is not possible to limit or deny the hearing of the proceedings on the bases of non-existence of the litigation rationale.