English abstract
The administrative contract process goes through various stages and according to acertain legal system different from the legal system applicable to private and commercial contracts.
Rules of this legal system are derived from many sources including : the will of the parties of the contract ; Acts; Regulations, Rules and Instructions; case law and general principles of law . As far as ad ministrative contracts concluded with foreign agencies are concerned, some of their provisions may be derived from international treaties in which the concerned state is party.
The contract propitiatory stage must be accomplished before con cluding the contract. The will of the contracting administration goes through more than one stage i.e. the announcement of the competition ; receiving tenders and making choices according to specific procedures
However, the legal system of competitions, in variousblegal sys tems vary, They also , have some shortages namely : decisions related to the approvals of tenders must take into account the lowest price and difference of opinions between the administration and the tenders and auctions committee concerned.
Moreover, administrative contracts are characterized by certain
characteristics related to equality; freedom of competition and the dis cretionary powers of the administration.
