The extent of the binding nature of pre-contractual urgent claims in administrative contracts An analytical study in French law | ||
| International Journal of Multidisciplinary Studies on Management, Business, and Economy | ||
| Volume 7, Issue 1, June 2024, Pages 71-163 PDF (9.01 M) | ||
| Document Type: Original Article | ||
| DOI: 10.21608/ijmsbe.2024.238443.1003 | ||
| Author | ||
| Mohamed Hamdy Abdel-Aleem Allam* | ||
| PhD in Public Law - Faculty of Law, Tanta University Member of the Egyptian Society for Political Economy, Statistics and Legislation | ||
| Abstract | ||
| Abstract: The pre-contractual summary is a procedure of European legislative origin adopted by the French legislator under the Code of Administrative Courts and Administrative Courts of Appeal, as well as the Code of Administrative Justice, and by the Algerian legislator under the Code of civil procedure and administrative procedure, the contractor may, in the case of failure to fulfill the obligations of publicity and the call for competition of contracts and public contracts, before the conclusion of the contract, the judge of interim measures may use his powers of injunction and of penalty, against the administration which violates the obligations of publicity and putting in competition. The state of urgency arises from the nature of the right to be protected and from the surrounding circumstances. | ||
| Keywords | ||
| Le référé précontractuel; mise en concurrence publicité; publicit; marchés public; Contrats administratifs; l’injonction; l’astreinte | ||
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