سلطة المصلحة المتعاقدة في تعديل الصفقة العمومية بين التقدير و التقييد

Abstract EN

The authority of the contractor service interest in amending the public transaction is one of the most dangerous concessions established for it, as it affects the rights of the contracted customer, and it manifests itself in several aspects affecting the requirements for implementing the transaction.

for this reason, this authority has been restricted, its exercise controlled with conditions, and legal mechanisms have been put in place to exercise it through the annex technique whose provisions are regulated by the public transaction law.

Therefore, the aim of this study is to clarify the limits that the contractor service must abide by in using its powers to amend the public transaction, and not to exceed those powers the public interest and the requirements of the public facility, and then put an end to all abuse or corruption it is expected in its practice, by including controls and mechanisms, whose effectiveness is searched for.