دعوى الالغاء ودعوى التوازن المالي في الصفقات العمومية

Abstract

The study aims to identify how jurisprudence and the administrative judiciary deal with administrative disputes, especially cases arising from administrative contracts (public deals) first. Prior to concluding through a cancellation lawsuit, this is by appealing the decisions separate from the deal contract, beginning with the decision to announce the deal, then the decision to deny entry to the deal, and also the decision to exclude, up to the decision to grant temporary and finally, the decision to cancel the public deal, citing the public interest. Or in the implementation phase through complete elimination, (the financial balance lawsuit) to restore the financial balance to it, with the aim of maintaining The proper functioning and regularity of public utilities on the one hand, and ensuring the rights of economic dealers on the other hand, and this is achieved by the realization of one of the three financial balance theories, the theory of the prince’s action, the theory of emergency conditions and the theory of unexpected material difficulties.