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Le quasi-contrat en droit administratif

Abstract : In French civil rights, the existence of "quasi-contrat" (implied-contract) is strongly denied. It is different in administrative law because the "quasi-contrat" gets a conceptual autonomy. it has mainly a complementary function, supplied and substitutive according as it is relative to a perfect contract, a not valid or not formed contract, or it is playing on the outside of any contractual framework. It holds an intermediary place between the contract and the "quasi-delit" (tort law). so three "types" of "quasi-contract" come into view according their degree of proximity the "contractual ideal-type" : - performance of a useful prestation, on the initial will of the administration ; - performance of a useful prestation, with its tolerance ; - performance of a necessary prestation executed without its knowledge. The judge identifies in this fact, a fount of autonomous obligations, for which he attributes specifical consequences. The legal system of "quasi-contrat" is mainly characterized by the existence of the "quasi contractuelle" liability founded on "enrichissement sans cause", and by the existence of peculiar rules: priority and specifical combination with the "quasi-delictuelles" liability.
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Submitted on : Tuesday, April 24, 2018 - 4:10:06 PM
Last modification on : Tuesday, May 18, 2021 - 10:44:07 AM

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  • HAL Id : tel-01777061, version 1



Frédérique Lafay. Le quasi-contrat en droit administratif. Droit. Université Nancy 2, 1991. Français. ⟨NNT : 1991NAN20007⟩. ⟨tel-01777061⟩



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