غرامة التأخير في الصفقة العمومية: دراسة مقارنة

الملخص EN

In the public transaction, the late fee penalty sanction imposed to the contracting operator is one of the most prominent financial sanctions which characterize this contract.

The contracting service uses this sanction - when the contracting operator does not respect his contractual commitment, and is late in carrying out his commitment in the agreed date - in order to force him to fully implement his contractual obligations.

The contracting service is referring at this regard to the legal contract or text which allow this sanction, without need to obtain a court ruling that allows it to do so, and this is after sending a formal notice to the contracting operator, in order to: Maintain the perfect and regular functioning of the public facility subject of implementation of this contract.

Protecting public money and achieving the public interest.

- However, the contracting operator can be exempted from the late fee penalty in the cases specified by law.