أثر المناولة على الالتزام بالتنفيذ الشخصي للصفقة العمومية في التشريع الجزائري

Abstract EN

It is well established that the commitment to the personal implementation of the transaction is regarded as one of the most important obligations incumbent on the contracting client.

the latter plays a central role in the contracting process, given that the public administration choose the contractor based on several criteria such as efficiency, experience, and financial ability for their positive impact on the implementation of the transaction.

accordingly, public transactions were prohibited in order to waive the implementation of the deal to any other person, whether in full or in part, as a general rule because this act would prejudice the principle of the personal consideration in the contract.

however, this rule is an exception as the law permitted the contracted transaction in order implementation of the deal by seeking help with third parties, the implementation of part of the deal through the handling contract, but on condition that the contracting authority knows and agrees, in additions set by the public procurement regulations.