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The concept of freedom of contract in French administrative law

Doctor :Muhannad AJJOUB
Thesis date :20 May 2016
Hours :9h30
Discipline :Law
Add to calendar 05/20/2016 09:30 05/20/2016 11:00 Europe/Paris The concept of freedom of contract in French administrative law The concept of freedom of contract in French administrative law Concluding on the subject of freedom of contract in French administrative law is not easy. It depends essentially on how to raise the issue. So if the question is whether public persons have, as individuals, contractual freedom, the an... false MM/DD/YYYY

The concept of freedom of contract in French administrative law Concluding on the subject of freedom of contract in French administrative law is not easy. It depends essentially on how to raise the issue. So if the question is whether public persons have, as individuals, contractual freedom, the answer, in the best case is that this is a special character to freedom. Indeed, in practice, this freedom is very limited, its manifestations are marginal, which prevents us from truly speaking of a "happy freedom." But if the question is whether the French administrative law, from its peculiarities, its originality and its normative rules can recognize such freedom in favor of public entities, then the answer is negative. The public interest, the prerogatives of public power, competence, sovereignty, efficiency of public procurement, proper use of public money and the fundamental principles of public procurement, etc., are fundamental obstacles not only to the recognition of freedom of contract to public persons but also to the effective exercise by them. Some authors have concluded on the contractual freedom of public persons that "in theory it exists but in practice, nobody really ever met it."