نطاق سلطة تعديل العقد الإداري الكويتي أثناء تنفيذه : مقارنة بعض جوانبها بالقانون المصري و الفرنسي

Abstract EN

This research is concerned with studying the authority of amendment in the administrative contracts in Kuwait during its execution in a broad concept and how it affects the administrative contract as a whole.

The study discussed the concept of amending the administrative contract, which includes amending the identity of one of the contracting parties or amending the content of the contract.

The study also determined how the amendment is limited by a number of restrictions that widens and narrows according to the types of those contracts, and in accordance with what is stipulated in the contract and the laws and regulations that regulate some administrative contracts in restricting the contractual freedom to amend the contract according to what is required by the nature of the administrative contracts for its connection with public utilities and achieving the public interest.

The study concluded that each administrative contract has a specificity that makes it different from other administrative contracts according to the degree of guarantees that can be granted to the contractor with the administration, and accordingly, contractual freedom is restricted according to the needs of the public facility, the type and the value of the administrative contract, and the most important thing is that we reach the result of a balance of needs in the administrative contract by meeting the needs of the public utility and the administrative entity in exchange for meeting the needs of the contractor with the administration by maintaining the financial balance of the administrative contract and providing some guarantees in some administrative contracts due to their specificity in terms of a more strict control over the amendment authority or setting certain proportions for amendment.