The Impact of COVID-19 on the Performance of Administrative Contracts in Egypt Comparative Study

19 Pages Posted: 29 Jun 2020

Date Written: June 29, 2020

Abstract

Any country undertakes several actions to fulfill the public needs of it’s people or to achieve economical and financial targets. One of the most famous actions is contracts, the state is usually engaged in several contractual relationships to achieve the aforementioned targets. In Civil Law countries, the Administration concludes two types of contracts, Public Law Contracts and Private Law Contracts. The overwhelming opinion in the Egyptian Administrative Law, jurists and judgments are that there are 3 main criterion to distinguish administrative contract from civil and commercial contracts, which had been explained in the judgment of the Supreme Administrative Court “It is recognized that the Administrative Contract is the contract concluded by a public law person with the intention of managing of public utility and for showing its intention to adopt the Public law method, which includes a clause or conditions that are unfamiliar to private law contracts.” . Through the performance of Administrative Contracts certain obstacles appeared, some of them are foreseeable and others unforeseeable. After the announcement by WHO on 13th March 2020, that COVID-19 is a pandemic, several states declared the state of emergency due to the outbreak of COVID-19 which caused many economical and financial disasters, to both public and private sectors. In this research I will focus on the outbreak of COVID-19 as unforeseeable events which led to overturn the financial and economical equilibrium of the Administrative Contract in Egypt. This is what we will illustrate together in the following pages.


Suggested Citation

Shebaita, Maged, The Impact of COVID-19 on the Performance of Administrative Contracts in Egypt Comparative Study (June 29, 2020). Available at SSRN: https://ssrn.com/abstract=3638076 or http://dx.doi.org/10.2139/ssrn.3638076

Maged Shebaita (Contact Author)

State Council ( email )

Egypt
+201094100147 (Phone)

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