المسؤولية التعاقدية للإدارة القائمة على أساس الخطأ

Abstract EN

The administrative contract as the other contracts contains rights and commitments on its both sides.

So if the idea of the public interest, which the administration works to achieve it via its wide authorities in implementing the administrative contracts, controls the contractor's commitments with the administration to implement the administrative contract so the idea of the public interest also controls the administration's commitments taking into its account the contractor's interest because the relation between the administration and the contractor is based on the cooperation to achieve the public interest.

Although the administration has exceptional authorities to implement the administrative contracts so it must respect its contractual commitments due to these authorities are not absolute otherwise they are restricted and aim to achieve the public interest and they are subject to the supervision of the administrative judiciary.

The administrative contracts find contractual commitments to face the administration and the administration must implement these commitments so the contractor will be able to do his contractual commitments and if he breaks these commitments, the administration has the right to take its contractual responsibilities because the rule is the administration responsibility can't be implemented and the administration prejudice its commitments unless within a contract it contributed to find it.

The administrative judge requires to implement the administration's contractual commitments that the damages of the affected person are resulting from prejudicing the contract implementation as well as neglecting the monitoring and supervision.

Therefore, the contractual responsibility of the management as a public rule is based on error represented by the administration prejudicing of implementing its technical and financial commitments or using its authority illegally.