عقد الإيجار كأحد آليات تفويضات المرافق العمومية في الجزائر

Abstract EN

In order to manage its public facilities, public persons choose a methode of management or freely which falls under either direct management, which means direct management of the facility by its material and human means, or delegated management, and the latter gives public persons, legally authorized to delegate a public utility, a set of options in formes of delegation which ranges in Algerian law between privilege, rent, management and incentive agency, and lease is considered one of the main forms due to its simplicity and relatively short period.

Althouh the lease does not remove the burden of establishing the public facility on the public person, it does generate certain income for the latter because the lessor makes profits through the way in which he manages the facility that would not have been achieved by public persons through the traditional methods of management, which is one of the most important reasons that made the Algerian legislator frame the rent At length, after he realized that the concession is not the only way to modernize the operation of public utilities, lease contracts lead to the goal of their existence stemming from the state's policy of involving the private sector in public management in search of cost-effectiveness, efficiency and effectiveness, especially at the local level, as it is one of the most important pillars of development through the revenues it provides as an alternative to the public treasury in financing, and withe the aim of achieving a kind of financial independance.