التفاوض عند إبرام العقود الإدارية : القاعدة و الاستثناءات : دراسة مقارنة لأحكام التفاوض عند إبرام العقود المدنية و مدى انطباقها على العقود الإدارية في فرنسا و مصر و الجزائر

Abstract EN

It is recognized in administrative law that the contracting administration is previously independent since it unilaterally fixes the conditions of the contract, and, therefore, it appears, when the administrative contract is concluded, as a public authority enabling it to have a privileged place than that of the person wishing to contract with it.

Hence, the latter must choose between accepting the said clauses or refusing the appeal by the administration.

However, this rule suffers from a few exceptions where several administrative contracts can only be concluded through negotiation, and this, in accordance with techniques which combine with the provisions of civil contracts in matters of negotiation.