مجلة القانون العام الجزائري والمقارن
Volume 11, Numéro 3, Pages 169-180
2025-12-28
The Impact Of The Theory Of Contract Content On The Formation Of Administrative Contracts – A Comparative Study-
Authors : Sadik Siham .
Abstract
This paper explores the influence of the theory of contract content on administrative contracts, with particular reference to Algerian and French law. It examines how this theory shapes the conditions of formation, validity, and performance of administrative contracts, and its implications for both public administration and judicial oversight, especially in light of digital governance. The research applies a comparative and analytical approach, drawing on legal texts, case law, and doctrinal debates to highlight the scope and limitations of contract content as a foundation for administrative contracting. The findings reveal that focusing on contract content enhances legal certainty, safeguards the public interest, and provides a benchmark for balancing the rights of contracting parties. They also underline the need for judicial clarification to resolve uncertainties in the interpretation and enforcement of administrative contracts, including electronic forms.
Keywords
Contract content theory ; administrative contracts, public administration, digital governance.
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