أثر نظرية الظروف الطارئة على تنفيذ العقد الإداري : دراسة مقارنة

Abstract EN

Sometimes, while executing an administrative contract, some unexpected circumstances may happen; and would expose the contractor to serious financial losses if he continued the execution of this contract, what obliges the administration to provide an economic aid to the contractor in order to ensure the good and continuous functioning of the public establishment, and by consequence achieving the public interest.

In fact, that solution was approved by the judiciary, which, through the theory of emergency circumstances, recognizes the contractor's right in proportionate compensation? What are the applying conditions of this theory? and what are its effects? That's what the study is trying to answer.