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Conference papers

French Public Contract Law

Abstract : I- General presentation A- The notion of “public contract” 1- Identification a- A contractual act b- A contract concluded by a public legal person c- A public or private law contract 2- The main public contracts a- The public procurement contracts (public procurements and partnership contracts) b- The “public service” contracts (public service delegations and non-titular public servants contracts) c- Other public contracts (occupation of public land…) B- The concluding of public contracts 1- Conditions of validity a- Concerning the parties (legal standing and consent) b- Concerning the contract itself (form and content) 2- Procurement award procedure a- In the case of Public procurements b- In the case of Partnership contracts c- In the case of Public service delegations C- The performance/execution of public contracts 1- The principle of binding force/power of administrative contracts a- Rights and obligations of the parties b- The prerogatives of the administrative body to implement the administrative contracts (direction and control, sanction and non-performance) 2- The adaptation of the principle of binding force a- Favorable to the administrative body (unilateral change or termination) b- Favorable to the co-contractor (contractual adaptation or termination) D- The control of public contracts 1- Jurisdictional controls a- Administrative and private law proceedings (actions for annulment and full remedy actions, pre-contractual and contractual summary procedure) 2 b- Criminal proceedings (offence of favoritism, bribery, passive corruption, unlawful taking of interest…) 2- Non-Jurisdictional controls a- Administrative internal and external controls b- Non-Jurisdictional settlement of disputes (by the parties or by an arbitrator) II- Focus on the current Reform (2014-2018) A- The public procurements reform 1- Scope of application and principles a- Public purchasers b- Procurements and proceedings c- Concerned and excluded procurements d- Allotment e- Dematerialization 2- Award procedure a- Preliminary operations b- Procedure and rules 3- Performance/execution a- Subcontracting b- Review clause c- Unexpected/unforeseen or unpredictable additional services d- Substitution of the co-contractor e- Non-substantial changes/amendments f- Small amount of the amendment 4- Special procurements a- Global procurements b- Partnership procurements B- The concessions reform 1- Scope of application and principles a- Public procurement Principles and freedom of administration b- Definition c- Same principles as public procurements d- Content of the concession contract e- Link with the public service delegation 2- Award procedure a- The estimation of the concessions’ value b- Procedure 3- Performance/execution a- By third parties to the contract b- Amendment to the contract
Keywords : Contract Law
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Conference papers
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https://hal-normandie-univ.archives-ouvertes.fr/hal-02410752
Contributor : Sylvia Brunet <>
Submitted on : Monday, December 16, 2019 - 4:20:51 PM
Last modification on : Tuesday, December 17, 2019 - 10:50:03 AM

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  • HAL Id : hal-02410752, version 1

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Sylvia Brunet. French Public Contract Law. Contract Law, Rafael Valim, Aug 2017, Sao Paulo, Brazil. ⟨hal-02410752⟩

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