دفاتر الشروط في مجال الصفقات العمومية

Abstract EN

If it is established that the conditions of contract are one of the elements that distinguish public work contracts from private law contracts, it must be clarified that there are two types of contract conditions in public work contracts, some of which are general being regulatory texts that include general and abstract rules of an administrative, financial, and technical nature, which are used as a complementary legal reference for public works’ contract; and despite their importance, we notified their almost complete absence in the Algerian law, except the general administrative conditions of contract applied to public works’ contracts, and others are prepared by the contracting authority with each invitation to competition, which is considered as a basis and reference for the contracting process, as it is prepared in advance for determining the competition’s rules and the conclusion procedures that lead to, on the one hand, the contracting party selection and on the other hand, it includes the public works contract’s project that specifies the contractual rights and obligations of the public works contract’s parties that leads to the public works contract’s execution..