إنهاء العقد لخطأ الإدارة

Abstract EN

the administrative contract is distinguished by certain characteristics which give it a different character from certain civil contracts, it is a contract in which the parties are bound by the contractual conditions that it requires, and the administration, despite certain privileges, is bound to perform the contract.

and is obliged to cede to the contracting party all the rights stipulated in the contract.

It is not enough that the contractual liability of the management has an administrative contract binding it to other natural and legal persons, there must be a failure on its part in the performance of its contractual obligations or a failure in the performance.

of these obligations.

is bad from a technical or financial point of view.

Thus, the administration may, in order to achieve the general interest, or if it fails to fulfill all its obligations towards the contractor under the terms of the contract, the contractor may seek compensation from the contracting authority before the administrative court