الوجود القانوني للقرار الإداري : دراسة مقارنة-فرنسا، مصر، الأردن-

الملخص EN

Administrative decision originates and its legal existence is emanated from the expression of a will ,presumed by law.

In order for the decision to produce its effects, it is necessary to specify the time in which the administrative decision is incorporated in the legal system and to consider it apart of the provisions determining the rights and obligations of individuals .

In this regard, the jurisprudence has been divided into tow opinions: First opinion: believes that the fact signature is where the date the administrative decision becomes valid or comes into force (proponentsof theory of signing the decision) .

Second opinion: believs that publication of the decision is the one that accords the decision its ensuing value and its actual date ((proponents of the theory of knowing about the decision or its publication )) .

This concerns the positive administrative decision, but the negative administrative decision differs in terms of the folowing: First: with respect to the origination method where it originates from the silence of administration or failure to respond to an application submitted to it within a period legally specified for replay.

This period differs according to the legal text .

Second: in terms of characteristics, where as the negative administrative decision is characterized , by the fact that it represents a continuous situation and is not subject to grounding .

Third: as far as the start of its validity where it starts to be valid at the end of the period in which the administration remains committed to keep silent after submitting the application thereto .

Fourth: regarding its legal nature where a legal value cannot be afforded to the negative attitude of the administration saved by virtue of a text that determines it ,whether it was legislative or regulatory (a draft).

At the end of the research, the researcher cited the results and his recommendation.

Keywords:The postive administrative descision, The Negative administrative descision, Publication .