مبررات الخطأ العقدي للمتعاقد بفعل الإدارة و أثرها على مسؤوليته التعاقدية

Abstract EN

The principle of the functioning of public services regularly and promptly is one of the fundamental principles based by the state to satisfy the global widgets of its citizens by concluding public transactions, which generate mutual obligations under the interest of the Contracting Service and the contractor operator.

And if the interest of the contracting service is to impose on the operator contracted financial penalties when the latter does not execute his contractual obligations, which could damage the management of the public service.

It is not to his right to take on him the responsibility of these sanctions when she causes this violation, self by his legitimate effect (theory of restraint of princes) or by his erroneous gesture.