علاقة الإدارة بالمتعاقد معها: دراسة مقارنة

Abstract EN

Administrative contracts are of great importance in the administrative field, as they represent one of the most important works of management aimed at achieving the public interest, and like every contract that creates mutual obligations between the parties to the contract, the administrative contract in public law is distinguished from other contracts in private law, with three conditions: The existence of the administration as a party to the contract as a person of common law.

And that the subject of the contract is related to the implementation of a commitment to a public utility, and the contract must include exceptional conditions unfamiliar in private law, and from here we decided to pose the following problem: To what extent did the legislation contribute to giving priority to the idea of public interest over individual interest in the legal system of administrative contracts?