CHRISTOPHLE (Albert) and AUGER (Paul)
    THEORETICAL AND PRACTICAL TREATISE ON PUBLIC WORKS, 2nd ed.
Édition :
    Paris
Date :
    1889
    2 vols. in-8, half black morocco, spine with raised bands and compartments, very good copy, VI-788 / 866 p.
    Treatises on public works are particularly valuable in the early development of administrative law because they describe the essential aspects of public contract law, which at that time already fell within the jurisdiction of the administrative courts by virtue of the Law of Pluviôse, Year VIII. Consequently, the subsequent body of case law was built upon these treatises. This treatise provides considerable insights in this regard, devoting over 400 pages to the contractual regime of public works contracts, 200 pages to the liability of contractors, 200 pages to the law governing concessions for public works and services, and 150 pages to administrative litigation. Of particular note are the chapters on “Termination in the Interest of the Administration” (Vol. I, p. 598), which examine the rules governing the unilateral termination of administrative contracts, comparing them to Article 1794 of the Civil Code concerning the termination of fixed-price contracts. We should also mention the study of administrative litigation, which, while drawing on the analyses of Cotelle, Laferrière, and Aucoc, offers a more methodical and comprehensive exposition. This leads us to conclude that, by virtue of the quality of its analysis and the methodology employed, this is a major text on administrative contracts, predating the re-examination of the subject matter that would follow the case law on concessions at the beginning of the century and the doctrinal analyses of Gaston Jèze. A very rare find.

Référence : 9087

Mots-clés : Administrative litigation

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