CONTEMPORARY JUDICIAL TRENDS TO REDUCE THE RISKS FACING ADMINISTRATIVE CONTRACT IMPLEMENTATION: A COMPARATIVE STUDY | ||||
| Sinai Journal of Applied Sciences | ||||
| Article 5, Volume 12, Issue 6, November and December 2023, Page 941-954 PDF (461.65 K) | ||||
| Document Type: Researches | ||||
| DOI: 10.21608/sinjas.2023.258263.1245 | ||||
 View on SCiNiTO | ||||
| Author | ||||
Mohamed H. Omar 
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| Department of Public Law, Faculty of Law, Zagazig University, Egypt. | ||||
| Abstract | ||||
| We chose the topic of contemporary judicial trends to reduce the risks facing the implementation of the administrative contract - a comparative study - as a field for our study that aims to highlight the role that the administrative judge plays in protecting the contractor, and ensuring the contract’s ability to deal with the risks that are likely to face its implementation, or affect it. And highlighting its contractual nature, which ensures improving the stability of contractual relations by relieving the contract of its violating condition, so that the parties are given the possibility of pursuing legal relations, and maintaining a balance of interests in the contract between the interests of the state and the interests of the contracting investment companies to ensure the success of the projects subject to the contract and achieve the goal. What are the expectations of these contracts? This study will rely on the original approach, as this approach is considered a guide or beacon in our research, which in this field does not stop at listing judicial solutions and jurisprudential opinions in both France and Egypt, but rather extends to include the basis on which those solutions and opinions are based. In addition to the comparative analytical approach, to analyze some risk clauses in administrative contracts, through which we present and analyze comparative and Egyptian jurisprudential opinions, supported by an analysis of French and Egyptian administrative judiciary rulings, to benefit from the French system in our field of study. | ||||
| Keywords | ||||
| Contemporary judicial trends; implementation of administrative contract; a comparative study; Egypt | ||||
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