الفسخ الجزائي في الصفقة العمومية : دراسة مقارنة

الملخص EN

Criminal termination of the public contract is considered to be one of the most important non-financial administrative sanctions used by the contracting authority against the co- contractor when he commits serious misconduct that violates his contractual obligations, after being notified, and it is a privilege exercised by the contracting authority, whether or not it is stipulated in the public contract or in the tender documents, without resorting to the courts to rule on it, as it is instended to ensure the regular functionning of the public service.

And according to which the contracting authority definitively terminates the contractual relationship between itself and the contrctor, and this termination is either a simple termination according to which the contracting authority bears the potential consequensces or the contractor, according to which the latter bears the existing financial consequences of the conclusion of a new contract.

However, in order toprotect the contractor from abuse of this right by the contracting authority, it subjects this authority to review by the administrative justice system by means of a full court action without recourse to the concellation action.