لجوء القضاء الإداري لنظريات ومبادئ العقد المدني في مجال الصفقات العمومية

Abstract EN

Administrative contracts, including public deals as any deal are based on the agreement of two wills with the intention of creating legal effects, and they are mainly based on the corner of consent.

in principle, it can be said that the administrative contract is the deal of contractors.

the contradiction between public law contracts and private law contracts is an exaggerated nature.

the contract in both cases requires a minimum of unity between them, and their legal systems are not always radically in conflict, as they share the conditions of their formation.

the stage of implementing public deals in turn defined the implementation of private law theories, so the administrative judge did not find any embarrassment in implementing theories of civil origin, most notably: force majeure theory, the theory of enrichment without cause, as well as the mechanism of sub-contracting or handling.