مظاهر حسن النية عند استخدام الإدارة سلطاتها بتعديل العقد بالإرادة المنفردة

Abstract EN

The authority of management to amend the administrative contract is a basic principle.

This authority is a good advantage of management and is used even if it is not mentioned in the contract.

This power applies to all types of administrative contracts, and although there is no agreement to determine the legal basis for this power, whatever it is based on; That is, whether it is legal privileges or public authority, or the idea of the public interest and the functioning of public facilities, or a combination of the two authorities, this authority is not absolute and is subject to judicial oversight.

If the amendment causes harm to the person who contracted with the administration, he has the right to go to court and demand compensation.

There is almost consensus among jurisprudence that amending the administrative contract does not include all the terms of the contract, but only some of them, as the administrative contract includes two types of conditions: regulatory conditions that may be amended at the will of the administrative authority only, and contractual conditions that may not be amended except by agreement of the two parties.

As for financial rights, For the contractor, the right to amendment is not covered by it, and contractual terms may not be amended except by agreement of both parties.

As for the financial rights of the contractor, they are not covered by the right of amendment.

The requirements for achieving the principle of good faith in the field of administrative contracts are different at the stage of signing the administrative contract than at the stage of its implementation, and there are some common elements to these requirements, such as transparency in both stages.

The legislator did well and was correct in his decision when creating this text, and despite the arguments in favor of contracting through direct agreement, this may constitute a violation of the principle of transparency and open wide areas for administrative corruption and waste of public money, as the contractor colludes with the administration to benefit from this license that was granted.

By law, new points are created to be contracted without opening competition