الاتجاهات القضائية الحديثة في تحديد العقود الإدارية

الملخص EN

Outside the legal determination of administrative contracts, the qualification of these contracts is often done by judicial way, in particular administrative, which is practiced in France and in certain countries which followed its approach as regards imposition concerning duality of the jurisdictional orders and that is due to a long experience of French administrative judge in the field of creation rules which govern the administration and its activities, including qualification criteria of the administrative contract.

these criteria have recently undergone a notable development, particularly in regard to organic criterion, as well as the clauses exorbitant in common law criterion, as one of the material criteria.