مقارنة عقد تسيير المؤسسة العمومية الاقتصادية بالعقود الكلاسيكية

Abstract EN

The management contract of the economic public institution is one of the business contracts created to meet certain economic conditions and relationships that calls for the separation between ownership and the authority of management.

In addition, it is a unique contract with special provisions that make it different from classical contracts.

The essence of the management contract is the independence of the manager on behalf of and for the account of the owner in the management process, with the need to combine material works and legal actions to fulfill the objective of the contract.

The unique nature of the economic public institution's management contract has separated it from the classical contracts which on the one hand, have become incompatible with modern contracting formulas regulated by science and technological advancement and on the other hand, by the complexity of economic activities.

Despite the aspect of agreement between the management contract and the commercial agency contract, the component of the manager independence in the management and the component of material work completion make the management contract of the economic public institution refuse to be adapted as a commercial contract and the agency contract.

Also, despite the aspects of agreement between the management contract and the contracting contract, the component of the manager's representation of owner in the management process, and the component of the manager's legal work completion make the management contract of the economic public institution refuse to be adapted as a contracting contract.