مدى مشروعية نص العقد الإداري على مخالفة نظريات إعادة التوازن المالي : دراسة مقارنة

Abstract EN

This study dealt with the extent of the legality of the text of the administrative contract on the violation of theories of financial rebalancing in France, Egypt and Jordan, in light of its special importance and to clear the ambiguity around it.

this study reached a number of results, most notably: the illegality of the text of the administrative contract on the absolute exemption of the administration from the compensation of the contractor for the unexpected damage caused by the work of the prince in France and Egypt, while the new Jordanian judicial transformation suggests the possibility of taking this approach, and there is also a French-Egyptian recognition of the legitimacy of that condition on a certain action while there is no reference for that in Jordan.

in France, this condition was explained in the case of unexpected material difficulties, a narrow interpretation other than that of Egypt, in which two trends appeared .

in Jordan, however, there are trends to follow the French approach, and the countries of the study also agreed on the illegality of the absolute exemption of the administration from liability in the case of emergency circumstances, with permission to determine that compensation for a certain emergency situation on the basis of another, although not exclude the theory of emergency conditions as a final solution.