صلاحية الإدارة في الشراء على حساب المتعاقد : دراسة مقارنة

Abstract EN

The power of administration (o purchase on (he account of the contracting party (Contractor) is defined as a legal means under which the administration shall be able to subrogate the contractor to implement the contract on his account and his own expense.

It is a compulsory medium that enables the contracting administration to substitute the defaulting contractor to secure (he implementation of (lie contract The contracting administration might also assume by itslef the responsibility for implementing the contract or it might entrust such task to another contractor.

The purchase on the contractor’s account aims at two objectives: to secure the supplies which (he contractor has refrained to supply or defaulted in their supply, and to impose a pcnlly on (he defaulting contractor to obligate him, along with other contractors, to respect and adhere to their contractual obligations.

The purchase on the contractor’s account is distingished by a number of characteristics: it is a predetermined procedure in (he contract or the law, having a punishable nature and ail administrative nature with defined causes, and is a temporary one.

The contracting administration resorts to purchase 011 the contract’s account and at his expense if the contractor fails to execute or default in executing the contract or if lie furnishes supplies that are inconsistent with the specifications agreed upon in the contract.