Dissertations / Theses on the topic 'Validité des contrats administratifs'
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Clerc, Ludivine. "La validité des contrats administratifs." Avignon, 2007. http://www.theses.fr/2007AVIG2014.
Full textThe public service contract is a concrete norm of public law, stemming from an agreement of will (being), which imposes a commandment (duty-being). It is about an individual norm the conditions of formal validity of which postpone from those contracts of common law. Indeed, the public service contract being surrounded with one-sided acts, the legality of its acts "peripherals" constitutes a condition of validity of the public service contract. All the more, the opening of the appeal for abuse of power to a specific category of contracts consolidates the thesis according to which the validity of the contract is subjected to the legality. However, the administrative judge privileges a "administrative reading" of the case law setting up the contractual law and order as condition of validity. He refers only punctually to the provisions of the article 1108 of the civil Code. This peculiarity tends to question a general theory of the obligations, in spite of the premature intervention of the unilateralism in the common law of contracts
Nguewo, nono youta Ferdi. "L'ordre public contractuel en droit administratif." Electronic Thesis or Diss., Université de Montpellier (2022-....), 2022. http://scd-proxy.univ-brest.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/isbn/9782247234509.
Full textThe study of the contractual public order in administrative law, which was necessary given the lack of doctoral research on this major theme of contract law, leads to several conclusions that are interesting both for the notion and for administrative law itself. With regard first to contractual public order, its examination in administrative law confirms that the concept cannot be defined, but only identified, the criterion allowing this identification to be made being the automaticity of the sanction attached to the rule. With regard to administrative law, the inclusion of contractual public order among the cardinal notions of this law has contributed to the improvement of the law and litigation of administrative contracts. The handling of the concept allows the administrative judge to modulate the treatment of the causes of invalidity, to direct the general theory of the administrative contract, but also, sometimes, to stand out from the judicial judge by retaining a singular conception of the contractual public order
Labazée, Sophie. "La validité des conventions entre personnes publiques au regard du droit de l'action administrative." Pau, 2002. http://www.theses.fr/2002PAUU2002.
Full textPhenomenon initially marginal, resulting to the contractual process in the relations among public persons became really widespread from the 1980. Naturally, the phenomenon did not miss to arouse the interest of the doctrine, which did not miss to dedicate numerous theses to it, most recently. But while these last ones envisaged all the problems set by these contracts, the practice made gradually appear a central problem, deserving a particular deepening : that of the validity of the agreements concerned. It is necessary to say that the latter seems particularly threatened today ; because, as the capacity of the public persons to contract is already limited by the rules linked to their competence, the legality of such initiatives is also conditioned by the respect for the right of the competition which, in this domain, has become more and more constraining, these last years
Douteaud, Stéphanie. "La stabilisation des contrats de l'administration par le juge de la validité." Thesis, Pau, 2017. http://www.theses.fr/2017PAUU2030/document.
Full textWithin a decade, the Conseil d’Etat deeply changed the terms of the judicial complaints towards public persons’ contracts. A policy of substantive stabilization replaced a former policy of formal stabilization of the res contracted – which was influencing the access to the judge of the contract. The decline of the rule of inadmissibility of the claims for anulment towards the contract came together with a tensioning on the anulment sentencing. The claim for an irregularity justifying the contract retroactive disappearence has been intentionally complicated.Each step of the proceedings is impacted by the phenomenon of stabilization. At each moment of the contract examination, judicial techniques are likely to eliminate the risk of retroactive anulment of the contract. This shows that the stabilization is transversal. Legal doctrine showed many times those occurrences at the step of the penalty on the contract. From now on, facing an irregularity, the judge of the contract may use some powers of penalty, quite different and adapted to the seriousness ouf the irregularity. Thus, the irregular contract is not necessarily supposed to be anulled. Powers of penalty that allow a partial or global maintenance of an irregular contract are typical examples of a palliative stabilization. But the conditioning of the legal action system also impacts the strictly speaking judicial examination of the contract. The right to contest the contract may now be exercised in a more reduced scope. In this way, other legal processes act on the charcaterisation of the irregularity. The serve to reject the statement of irregularity. From this perspective, this is a preventive stabilization.This work provides an overview study of the stabilization phenomenon. Regarding the timeline of the contract trial, the preventive stabilization will is first presented, before the palliative one
Guilbaud, Thomas. "Le contentieux des tiers au contrat administratif." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D056.
Full textThe field of litigation by third parties to contracts has been undergoing major changes since the Tropic travaux signalisation decision was handed down. New developments have occurred almost on a yearly basis – the latest of which, the Département de Tarn-et-Garonne decision, has allowed third parties to fully challenge contracts. At the same time, in an attempt to limit the risks involved for the legal certainty expected by the contracting parties, courts apply multiple restrictive filters, which often results in the contract not being quashed, or even in the absence of any sanction.The paper contains an overview of the current state of applicable rules, with a particular emphasis on the continued - albeit limited - use of the traditional action for misuse of authority (recours pour excès de pouvoir). If then considers possible improvements to litigation by third parties to contracts. These improvements go through a unification of the existing actions. Our proposal is to create a pre-contractual action that would be available to any interested third party, along with a contractual action whose admissibility would be more limited. It is also envisaged to extend to these new actions the power to impose financial penalties that is currently limited to contractual fast-track challenges (référés contractuels). Indeed, this sanction allows a conciliation between the legal certainty expected by the contracting parties and the respect of the principle of legality pursued by third parties. Its use should target mere formal defects, as courts currently lack an adequate power in this case, without setting aside the contracts
Pouyaud, Dominique. "La nullité des contrats administratifs." Paris 2, 1989. http://www.theses.fr/1989PA020089.
Full textCubaynes, Camille. "La durée des contrats administratifs." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10031.
Full textWe can easily perceive the notion of duration. However, it is rather difficult to give it an exact definition. It becomes even more delicate when it comes to identify the duration of public contracts. Neither of the legal doctrine nor the legislation or case law are helpful in solving questions about both the definition and limit of a contract’s duration. The diversity of the legal vocabulary reveals the inaccuracy of this notion. However, the duration of public contracts has to be precisely identified as it is a crucial datum of any contract, as well as a source and the object of various existing rules. As far as the study of public contracts has lead us, we can only notice that the apprehension of their duration is fragmented. Public contract law exclusively develops one aspect of the duration, which represents the amount of time during which the contract stands. This shows how the notion of duration is analyzed: itis a sort of tool used in order to frame the contract holder’s wage, but also indicates when to use properly competitive procedures. It is correct to state that the duration identifies the period during which the contract stands, however, it covers another aspect, which we aim to expose here. The duration of contract also represents the amount of time during which the contract is fulfilled, or executed, which is composed by a sum of delays. These two aspects of duration may often coincide but this is not always the case. It must be noted that these two sides have different functions, which justifies why we study them separately. Nevertheless, the legal regime remains the same whether we talk about one aspect or another. At the end of this study, we can report mutual influences. The object of the contract conditions its very own duration as its clauses set its evolution through the execution. At the same time, the duration of the public contract conditions various elements of its regime, especially when the contract stands fora substantial period of time
Del, Prete Didier. "L' avenant dans les contrats administratifs." Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32058.
Full textPez, Thomas. "Le risque dans les contrats administratifs." Paris 2, 2006. http://www.theses.fr/2006PA020076.
Full textLaazouzi, Malik. "Les contrats administratifs à caractère international." Paris 1, 2007. http://www.theses.fr/2007PA010295.
Full textMarcus, Laure. "L'unité des contrats publics." Paris 2, 2008. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D103.
Full textThoreau, Marianne. "Le règlement amiable dans les contrats administratifs." Paris 11, 2007. http://www.theses.fr/2007PA111022.
Full textAntoine, Julien. "L' autorité du droit des contrats administratifs." Savoie-Chambery, 2001. http://www.theses.fr/2001CHAMA001.
Full textSurachat, Jinda. "L'identification du contrat administratif : étude de droit comparé des modèles français et thaïlandais." Nantes, 2014. http://www.theses.fr/2014NANT4005.
Full textNowadays, the administration resort to contractual process in order to successfully complete its missions for different kind of public action. Nevertheless, not all contract of the administration are administrative contracts. The latter are based on the principle of inequality between the administration and private individuals. It is subject to an exorbitant regime which come under the administrative judge, while the civil contract of the administration is based on the equality of party. It is then necessary to distinguish the different contracts in order to know the relevant jurisdiction, the applicable rules and procedures. In Thailand, we used to apply, for every contracts of the administration, administrative and civil, the rules of civil law. The concept of administrative contract has been recognized only since the creation of the Administrative Court in 1999. There is therefore, a difficulty for identifying contracts, which is not known in French law, where the dualism of jurisdictions system is implanted for a long time. The principle of the administrative contract are more developed and clearer thanks to the Council of State's decisions and legislative texts. In this research, the French law is used as a paradigm for trying to grasp the criterion that make possible the identification, and thereby, the execution of the administrative contract in Thailand
Elbeherry, Ibrahim. "Théorie des contrats administratifs et marchés publics internationaux." Phd thesis, Université de Nice Sophia-Antipolis, 2004. http://tel.archives-ouvertes.fr/tel-00412538.
Full textTrigon, Sandrine. "L' équilibre, standard du droit des contrats administratifs." Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/in/theses/2006_in_trigon_s.pdf.
Full textThe balance translates, in contract law administrative, a protean ans unstable reality. On one hand, it contains a double material and temporal dimension, on the other hand, its content varies according to the degree of administrativité and of intensity of public contratcs. Nevertheless, of the fact of its flexibility, the notion of contractual balance may become a central element of the administrative law while its persevering plasticity represents a danger of arbitrary power. Constituting a model in which to refer to determine the normal contractual administrative situations, the balance of public contracts participates of the normality ot last ones. However, this normality is elusive because not only, it bases on the double institutionnal and relational rationality of public contracts but it translates another évolutionary opportunity. The balance is thus a real standard of the contract law administrative
Friedrich, Clemmy. "Histoire doctrinale d'une mise en discours : des contrats de l'administration au contrat administratif (1800-1960)." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10039/document.
Full textThere is a history of administrative contracts that is commonly shared by the legal experts. Developed at the very time when their theory was designed, it argues that the Council of State would have conceptualised the administrative contract in the first years of the 20th century, before the emergence of a general theory proposed by Gaston JÈZE, then Georges PÉQUIGNOT and André de LAUBADÈRE. From this perspective, the administrative law specialists of the 19th century would have been unable to think the administrative contract. If we unquestionably agree that the administrative contracts theory is contemporary with the inter-war period, these specialists did not lack of interest in the administrative contracts according to their very own preoccupations. On one hand, the administrative contracts theory, the paternity of which being traditionally attributed to Gaston JÈZE, is shaped by the inter-war period. The contrast between this time and the “Belle-Époque” period brings to light the motives behind the will of some administrative law specialists to stand up for this idea – unintelligible until then – that there could be two different kinds of contracts (part 2). On the other hand, the administrative law experts of the 19th century focused their worries about the contracts of the administration on contemporary issues. Whether it be to characterise the administration and its jurisdiction, or be it to develop representations of the administrative law. Without constituting a general theory that would emphasise their unity, the contracts of the administration were used to discuss the administrative law, so much so that they were a vector of its dynamism (part 1)
Lafaix, Jean-François. "Essai sur le traitement des irrégularités dans les contrats de l'administration /." Paris : Dalloz, 2009. http://catalogue.bnf.fr/ark:/12148/cb41464662q.
Full textEl, Younsi Malika. "Les règles matérielles du droit des contrats d'Etat à la lumière de la jurisprudence arbitrale contemporaine." Paris 2, 1994. http://www.theses.fr/1994PA020001.
Full textOur study consists in estimating the contribution of arbitral jurisprudence to the state contracts law. Since it is a particular conventional relationaship. We have thought is necessary to proceed to a redefinition of the pacta sunt servanda fundamental principle while taking into account the tow principal characteristics of this relationship ; namely, the duration of the contract or time erosion and the public element or the presence of a state in this contract (part 1). After trying to define the pacta sunt servanda principle in the light of arbitral solutions, we have attempted to demonstrate the effectiveness of the rules which militate in favor of its content ' liability in this kind of contract. This particularity depends on the parties' legal statute and on the nature of the relationship they share. The interdependance of their rights and duties gives forth the principle of a specific contractual responsibility. How ever, such principle cannot cover all the acts of state whose sovereignty prerogatives and acts of government keep it in charge of an extra-contractual responsibility (part 2)
Rolin, Frédéric. "Accord de volontés et contrat dans les relations entre personnes publiques." Paris 2, 1997. http://www.theses.fr/1997PA020006.
Full textFerry, Claude. "La validité des contrats en droit international privé : France - U.S.A." Montpellier 1, 1988. http://www.theses.fr/1988MON10018.
Full textAbout thirty years ago, a so-called crisis of the conflict of laws appeared. This concept expresses, on one hand, the apparition of "rattaching rules of material character" and of material rules of international private law, on the other hand, the development of a new method of conflict, called "functionnalism" by the american scholars, which is revealed in France by the multiplication of "lois de police" and by the taking into account of foreign "lois de police" in a way not related to the rattaching rules. The hereby thesis is aimed at studying, from a comparative and historical point of view, the phenomenon of the crisis of the conflict of laws in the litigation relating to problems of law applicable raising in contracts validity issues. The comparison of french law with american international private law shows that, although prima facie very different, the two systems of laws provide for similar solutions
Fall, Moussa. "Les pouvoirs du juge administratif dans le contentieux des contrats." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40018.
Full textLichère, François. "Les contrats administratifs entre personnes privées : représentation, transparence et exceptions jurisprudentielles au critère organique du contrat administratif." Montpellier 1, 1998. http://www.theses.fr/1998MON10049.
Full textHoepffner, Hélène. "La modification du contrat administratif." Paris 2, 2008. http://www.theses.fr/2008PA020060.
Full textAbessolo, Jean. "Les effets de la nullité des contrats administratifs : problème d'effectivité." Pau, 1994. http://www.theses.fr/1994PAUU2030.
Full textThe invalidation of an administrative contract, pronounced by the administrative judge, is largely ineffective. This situation can be solved thanks to procedures designed either to prevent the signing of an irregular contracts, or to limit the execution of such contracts
Martin, Julien. "Les sources de droit privé du droit des contrats administratifs." Paris 2, 2008. http://www.theses.fr/2008PA020061.
Full textVila, Jean-Baptiste. "Recherches sur la notion d'amortissement en matière de contrats administratifs." Toulouse 1, 2009. http://faraway.parisnanterre.fr/login?url=http://www.harmatheque.com/ebook/recherches-sur-la-notion-d-amortissement-en-matiere-de-contrats-administratifs-50334.
Full textDuring the successive reforms of the public order, the legislator, the government and the administrative judge transposed without hesitating many techniques, which come from the private sphere into the contracts concluded by public services. Such is the case of depreciation, which has two roles in this method today : structure the accounting treatment of the estate by the parts ; define the contents of certains clauses, as that relative to the duration. But, when the contract operates a transfer of the assets management for a private contracting partner, the depreciation also allows to identify many problems. These concern as well the operations of the estate management, as the general economic balance in the contractual agreements. The explanation of this phenomenon results essentially from the value, which was attributed to the depreciation by the law. In contracts concluded by public services, depreciation is a reference table without a real normative contents because its accounting, technical and financial consequences were neglected. To remedy the noticed deficiencies and rationalise the stakes in its treatment by the contracting partner, the traditional functioning of depreciation must be rehabilitated in the public order. Regarding the functions, which are attributed to it in the private field, two propositions are conceivable to modernise the contracts concluded by public services : on one hand, a rescheduling of the contract economy, the purpose of which is to rationalise the payment for the contracting partner. In a context where these conventions are called to take more and more importance in the prosecution, these two propositions have to succeed. For lack of, the law of contracts concluded by public services takes the risk of preventing a real control of the public person on the conventions concluded with private operators
Lafaix, Jean-François. "Essai sur le traitement des irrégularités dans les contrats de l'administration." Paris 1, 2007. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D7.
Full textRibault-O'Reilly, Anne. "La durée des contrats de concession de service public." Rennes 1, 2002. http://www.theses.fr/2002REN10002.
Full textSaad, Rami. "L'arbitrage dans les contrats administratifs : étude comparée, droit français-droit libanais." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010352.
Full textThe study arbitration in administrative contracts may be surprising that the two concepts do not belong to the same branch of law in countries of French tradition. Similarly, the activity of legal persons govemed by public law is exorbitali common law that allows the public interest to outweigh the private interest. Arbitration is a judicial egalitarian disput resolution mean. Thus, the administrative courts must necessarily intervene to order the enforcement of the awarde decision. The use of arbitration to resolve dispute arising out of administrative contracts has reason the slow action take by administrative tribunals. Similarly, the expertise that has the arbitrator led the legislature to make some exceptions the prohibition of the use of arbitration by the Public authorities. Similarly, in France, the administrative court decides t refer the famous case Sueur et autres on 29/10/2004 to an arbitrator in the view of the complexity of these contrac create the necessity of referring the case to an arbitrator for dispute resolution. Moreover, International law has aIso contributed to such exceptions as it is the case of the agreement of 6 March 2007 related to the Abu Dhabi univers museum. These developments demonstrate the obvious interest of public authority for arbitration. Hence the need demonstrate that arbitration can be adapted to the specifie nature of the missions assigned to public authorities and the legal nature of public & administrative contracts and to find the appropriate legal regime
Lee, Sunwoo. "Étude sur le contrat administratif : contribution à une étude du droit comparé de la Corée et de la France." Paris 1, 2008. http://www.theses.fr/2008PA010251.
Full textNoguellou, Rozen. "La transmission des obligations en droit administratif /." Paris : LGDJ, 2004. http://www.gbv.de/dms/sbb-berlin/478452179.pdf.
Full textJeusseaume, Sophie. "Le droit administratif et le temps." Paris 10, 2002. http://www.theses.fr/2002PA100085.
Full textReciprocal relations between administrative law and time are closed. The stamp each one marks on the other is described beyond the two properties of time, irreversibility of the past and unpredictability of the future. A contrasting picture of the administrative law emerges ; the law is powerfull, it structures the society, but it's power less to change what as been and to control what is going to happen. Besides, the opposition between the instituitionnal temporality, objective, and the citizens' one, subjective and thow extremely varied, clarely appears everywhere in the administrative law. The search of a correct compromise solution between the acceptance of the time effects and their rejection, as well as a parity between the state's needs and the citizen's aspirations takes part in a determining way in the juridical security
Lombard, Frédéric. "La cause dans le contrat administratif." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32041.
Full textThe cause, established by the civil code as a condition for the validity of conventions, applies to the public service contract. When the administrative judge implements a rule from a private law code, it is up to him to use them considering what the public service may require. The notion of cause remains widely faithful to the notion used by the judicial judge. Specific characteristics do exist, they do not question the permanency of the condition. Furthermore, in order to have a good understanding of the theory of the cause, one must detect the theoretical justifications which animate it. The considerations of utility and justice is the justification to the appeal to the causalistic technique. This justification enables one to bring to light a common background of principles, a sort of contractual common law between the two laws. Hence the second function of the theory of the cause : to allow a qualifying of the law autonomy of the public contract
Ubaud-Bergeron, Marion. "La mutabilité du contrat administratif." Montpellier 1, 2004. http://www.theses.fr/2004MON10071.
Full textBidja, Nkotto Thomas. "Les contrats de l'administration au Cameroun." Paris 1, 2000. http://www.theses.fr/2000PA010260.
Full textHoffmann, Fabien. "La rupture du contrat administratif : essai sur la pérennité des relations contractuelles en droit administratif." Bordeaux 4, 2009. http://www.theses.fr/2009BOR40048.
Full textIs the public service contract in a position to last ? Public service contracts being subject to evolutions of the general interest - and instrumental achievement - as well as to the will of the administration which has extensive authority to breach them, they seem to put the contracting party in a precarious situation. However, the present study, devoted to the early termination of a public service contract, aims to demonstrate that contractual relations under administrative law are perennial. First, the prerogative to terminate a contract is delimited by the very nature of the public service contract. As an agreement between two wills, the contract may only be terminated by the contracting parties. As an economic operation of general interest, the prerogative circumscribes the breaching power of either party. Second checking the causes for termination protect the binding power of the contract. The termination is deemed valid when the contract is useless or ineffective. Even, if the judge doesn't invalidate the civil service's decision in principle, he nevertheless protects the contractual bind by compensating in full their contracting party, thus fulfilling their initial expectations. At last, the effects of early termination ensure partial survival to the public service contract. The juridical operation is not completely questioned after the early termination : extinction is limited both on the main contract and on the subsidiary contracts. And the economic operation, may even be achieved in spite of the termination
Gollain, Valéry. "L'identification des contrats de délégation de service public." Artois, 1998. http://www.theses.fr/1998ARTO0304.
Full textDelegation of publics services contracts is constitute by several elements. The author suggest a definition : the delegation's public service contrat is the contract who entrust the public service to a person separate from the public autority. When the public service isn't industrial or commercial, the remuneration depend on result's working
Lahouazi, Mehdi. "Le développement des modes alternatifs de réglement des différends dans les contrats administratifs." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3056.
Full textThe development of alternative dispute resolution in administrative contracts is a necessity. Indeed, the congestion of the administrative courts, combined with the need for a more consensual and calm settlement of disputes, pleads in favour of the emergence of an alternative justice. Nevertheless, the public order governing the activities of public bodies, and protected by imperative norms, requires that the development of alternative methods be regulated. As such, the study of positive law shows that this phenomenon is not unknown in the settlement of disputes concerning administrative contracts. For instance, the parties to a dispute can already freely resort to amicable methods (mediation, conciliation or settlement agreement), and some exceptions to the principle prohibiting public bodies from resorting to arbitration are provided for. However, the voids and shortcomings of the current system of alternative dispute resolution in administrative contracts (lack of proper status of the mediator, paucity of framework for inter partes conciliation, complexity of the concept of reciprocal concessions or, difficulty for the administrative judge to assert its competence in international arbitration...) make its understanding and implementation more complex and more prone to increasing public order violations. It is therefore necessary to propose a sustainable regime of alternative methods to ensure, on the one hand, the protection of peremptory norms of public law and, on the other hand, the freedom of the parties in the choice and conduct of an alternative justice. For that purpose, the future regime will have to authorize arbitration in administrative contracts and endow it with procedural guarantees taking into account its specific nature but also certain characteristics inherent in public entities and administrative law. Furthermore, the mediation and conciliation procedures will have to be improved in order to provide the parties with a flexible framework conducive to the conclusion of balanced and secure settlement agreements. Finally, this regime must definitively establish the role of the administrative judge. To this end, that judge may be called upon to assist the parties in the implementation of alternative methods (creation of an administrative support judge in arbitration, combination of interim reliefs with amicable procedures...). The administrative judge must also be responsible for checking the compliance of the alternative solution to the public order. This attribution of jurisdiction, which is resonates all the more in international arbitration, is fundamental for the protection of the public interest. It is only under these conditions that the development of alternative dispute resolution mechanisms can take its place in administrative contracts
Assalah, Salah. "L'arbitrage et les contrats administratifs : approche comparative entre les droits français et libyens." Poitiers, 2010. http://www.theses.fr/2010POIT3007.
Full textArbitration as a method of judicial resolution dispute, if admitted in private law, has little place in public law. Ther is incompatibility between arbitration and administrative contracts as well in France and Libya which both prohibit public persons to arbitrate. .
Tagen, Ragab. "L' équilibre financier des contrats administratifs : étude comparative des droits français et égyptien." Paris 1, 2004. http://www.theses.fr/2004PA010257.
Full textDreyfus, Jean-David. "Contribution à une théorie générale des contrats entre personnes publiques." Paris 1, 1997. http://www.theses.fr/1997PA010260.
Full textContracts between public bodies have undergone a sizeable expansion during the past twenty years. They now deal with a great range of areas. As a separate field of study, they offer enough unity to allow for the elaboration of their general theory. Whether administrative or private, the sources of the law governing these contracts - written sources being particularly important - show great similarities. Being contracts i. E. According to a definition common to both administrative and private law, a meeting of the minds creating a legally enforceable agreement, they are also subject to the principles of binding effect and privity of contracts as stated in the civil code. However, their system is marked out by the difference in the situation between the contracting parties which brings these contracts closer to administrative ones. The party which takes on the major responsibility to provide a service will be granted the enforcement powers commonly vested in a public body whenever a contract links it with a private one. Since general public interest is still at stake, the doctrines of frustration and fait du prince are applicable to them. Nevertheless, contracts between public entities differ from administrative contracts in that the administrative judge of contracts agrees to play a more active role during the performance stage (although he is seldom referred to). Moreover, despite the fact that between the parties, the terms of the contract are not of a regulatory nature, the characteristic of these contracts is to deal with the powers of public institutions which sometimes use them to modify the legal order of their powers, without any specific authority to do so. This is even more remarkable since public institutions' powers cannot be considered as subjective rights at the free disposal of these institutions. Contracts between public institutions are therefore appearing as one of the essential tool to improve our public system
Audit, Mathias. "Les contrats transnationaux entre personnes publiques." Paris 1, 1999. http://www.theses.fr/1999PA010268.
Full textApsokardou, Eirini. "Le domaine de la loi et du règlement dans le droit des contrats administratifs." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020004.
Full textAccording to the case law of the Constitutional Council and the administrative courts as well as to some public law theorists, the definition of the rules governing the award and the performance of Government administrative contracts, administrative contracts of State-depended public bodies and public contracts of local authorities falls within the scope of the regulatory powers of Government. More specifically it is argued that public procurement law is part of the rules governing the procedure of administrative decision making and the organisation of public services which are matters traditionally reserved to the autonomous regulatory power. The lack of coherence within the legislative and regulatory sources of public procurement law is mainly due to the predominant role of regulations. Despite the latter’s consolidation by the French courts, the growing number of legislative texts intended to build a coherent set of rules in this field has become a source of complexity. The transformation of the sources of the law of administrative contracts in the last few years – including the Community law dimension – requires the prior intervention of the Legislature. Therefore, the provisions governing the law of public procurement contracts should necessarily be restructured. This could be achieved through the redefinition of the constitutional basis of legislative and regulatory powers in the field of public contract law and consequently through a new balance between law and regulation with the intention of safeguarding the predominance of the former. Drafting the rules on the basis of Article 34 of the French Constitution which enables the Legislature to define the fundamental principles of civil obligations will clearly contribute to a more coherent and systematic approach regarding the sources of public procurement law.. Should the powers of the Legislature be safeguarded, the regulations will then be confined to their usual role, which is secondary and subordinate to Parliamentary Acts
Fouilleul, Nicolas. "Le contrat administratif électronique : l'exemple des marchés publics." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32006.
Full textThe deliberate participation of the French Civil Service in the society of information's development is likely to lead to a lot of disruptions in the subtle balances which have been slowly organized by our administrative law. Thus, the public contract's room, and more specifically the public markets’ one, has already undergone deep alterations that have lead to wonder about this juridical concept which is still under construction : the administrative e-contract (e-commerce, e-procurement). The " last " version of the public markets code (legislation) has indisputably broadened the field of the contract's dematerialization in introducing new procedures, in expecting new tranfer's conditions on dematerialized tenders, in shortling, in some case, the "dossiers de consultation des entreprises" (DCE)'s delays of tranfer or in guaranteing the security of information's exchanges, but it has also disrupted the forms and the formalities that those various deeds have to comply with. So the recent texts' examination shows the birth of a new contractual formalism. In fact, the aim isn't to erase any formalism but to rethink the formalities in mobilizing new technologies without weakening the essential principle of juridical security. Generally speaking, as the public e-procurement is now a reality, thus the question of the administrative contract’s execution is likely to be put in a new context. Beyond the renewal of contractual relations, the standard obligations of a sound public management then have to be rethinked althought other difficulties will rise. Therefore the administrative e-contract raises numerous interrogations, the answers of which, first of all, assess new methods of approach and new ways to define the administrative contract. Thus, this thesis will be on the basis of a typology’s essay about the contract’s dematerialization which has the aim to better understand the juridical consequences of this “transmutation de l’instrumentum” during the admnistrative contract’s development and then its carying out
Mestre-Lafay, Frédérique. "Le quasi-contrat en droit administratif." Nancy 2, 1991. http://www.theses.fr/1991NAN20007.
Full textIn French civil rights, the existence of "quasi-contrat" (implied-contract) is strongly denied. It is different in administrative law because the "quasi-contrat" gets a conceptual autonomy. It has mainly a complementary function, supplied and substitutive according as it is relative to a perfect contract, a not valid or not formed contract, or it is playing on the outside of any contractual framework. It holds an intermediary place between the contract and the "quasi-delit" (tort law). So three "types" of "quasi-contract" come into view according their degree of proximity the "contractual ideal-type" : - performance of a useful prestation, on the initial will of the administration ; - performance of a useful prestation, with its tolerance ; - performance of a necessary prestation executed without its knowledge. The judge identifies in this fact, a fount of autonomous obligations, for which he attributes specifical consequences. The legal system of "quasi-contrat" is mainly characterized by the existence of the "quasi contractuelle" liability founded on "enrichissement sans cause", and by the existence of peculiar rules: priority and specifical combination with the "quasi-delictuelles" liability
Cagnon, Grégory. "Contrats publics et financement : Contribution à la théorisation des contrats publics." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10053.
Full textThe law of public contracts underwent, since around thirty years, an unprecedented evolution, in particular within the framework of public service contracts. The increase of texts framing the practice of contracts, in the national law and in the law of the European Union, tends to present notions and heterogeneous and muddled systems. Now, analyzed through the prism of the financing, the public contracts find a coherence, on one hand, and find their sens, on the other hand.The financing allows to understand the economic dynamics in the work in the law of public contracts. It is a question from then on of observing the various techniques and the complex financing terms in the work in the public contracts to arrive at the conclusion that the public contracts are enriched there. Besides, the financing establishes the appropriate criterion to structure the public contracts in a dichotomy public purchase – concession. However, the interaction between both notions does not limit itself to a unilateral approach. The public contracts allow effect to seize the financing. It seems that the institutional financing, resting on the fiscal resources and the loans contracted by the Administration, answers only in a insufficient way the needs for general interest. That is why the appeal to the public contract is essential to release the public financing, what has the effect of transforming the public contracts, in the point of being enabled to clear a theorization of it
Coleman, Philippe. "Contrats publics et arbitrage d'investissements." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D017.
Full textThis research aims to analyse the treatment of public contracts in investment arbitration in the light of French administrative law. It intends to study the hypothesis that investment arbitration is a mechanism that pertains to the globalisation of the dispute settlement and applicable law of public contracts. Investment arbitration is a judicial mechanism giving arbitrators comprehensive jurisdiction over the exercise of governmental authority by States in the globalisation. The impact of this mechanism on public contracts should be systematically assessed.The examination of contemporary arbitration practice shows that public contracts subject to investment arbitration are domestic contracts. The procedural consequences of submitting domestic public contracts to investment arbitration are twofold: parallel jurisdictions and control by national judges over arbitral awards.The analysis of investment law applied to public contracts covers both the representations and the regime of public contracts in arbitration practice. The concept of contracting public authority that emerges from arbitration practice is broadly similar to that prevailing in French administrative law. As for the contractual principles per se: while it is much less precise concerning procurement, it converges, in broad terms, concerning the performance of contracts with French law, seeking a balance between the contractual rights of foreign investors and the prerogatives of thecontracting State
Salles, Caroline. "L'évolution du droit des contrats publics au regard de la codification." Paris 13, 2004. http://www.theses.fr/2004PA131019.
Full textThe public contrats are not all synonymous with public service contrats and can be subject to the private law. The code of procurement contrats exerts an influence over the other contractual categories. Also a less exclusive codification is essential so as to guarantee a juridical safety. The existing laws appear to be a necessary stage but not a sufficient one. The transposition of the existing codifications to the code of the public contrats to come can be contemplated. Finally the statutory nature of the code of the procuement contrats goes against the role model it has to play. France could apply itself to preparing a code for public contrats which could be used as an impetus for a European codification. The thing would be to set a Code for the public contracts meaning a code for the contracts concerned by the public law on the basis of the assertion of the superiority of the general interest over the private interest in the determination of the juridical nature of the contract
Pelgrin, Karine. "Le contentieux de la fin du contrat : un droit à la recherche d'un nouvel équilibre contractuel." Nice, 2007. http://www.theses.fr/2007NICE0006.
Full textContracts have significantly increased their share in the legal activity of the French Civil Service (Administration). The thesis aims at demonstrating that the litigation of the contract termination, concerning the settig up of the contractual agreement, is a branch of law searching for fairer contractual relationship, trying to reconcile often antagonistic interests. Legal disputes that may arise from this contractual situation are likely to give rise to multiple procedures, which may explain the diversity in the litigation of the contract termination and also its complexity. Litigation before the administrative judge (le juge de l'exces de pouvoir) has developed in parallel to the litigation of the civil contract law, allowing third parties to delimit/define the contract. Litigation concerning the signing of the contract is posing a delicate problem of balance. The judge is facing the dilemma of preserving the stability of the contractual relationship and the necessity of ensuring law enforcement. An evolution of the litigation concerning null and void contracts may be contemplated in a move toward more pragmatism encompassing the practical necessities of the administrative action. It seems absolutely necessary to re-build the legal framework governing this litigation. Ensuring the stability of contractual relationships whilst searching for a new balance matching these by far opposite principles, respectively being the law enforcement and the legal security, is at stake