Marché public et tacite reconduction : illécéité du contrat né d'une tacite reconduction.

Public market and tacit renewal: illicitness of the contract born of a tacit renewal.

by gmorales on October 10, 2012 | Category: Public markets
Marché public et tacite reconduction : illécéité du contrat né d'une tacite reconduction. Marché public et tacite reconduction : illécéité du contrat né d'une tacite reconduction.

CE October 10, 2012, Township of Baie-Mahault, Req. No. 340647

Rule n ° 1:

When the parties submit to the judge a dispute relating to the execution of the contract which binds them, it falls in principle to the latter, having regard to the requirement of loyalty of the contractual relations, to apply the contract except in cases where the Irregularity invoked by a party relates to the unlawfulness of the content of the contract or to a defect of particular gravity, including the conditions under which the parties gave their consent. Similarly, the parties to the contract can not invoke a breach of the procurement rules for the purpose of excluding the contract, except in the case of the gravity of the illegality committed and, on the other hand, circumstances in which it was committed.

Rule n ° 2:

A party can not invoke the wrongfulness of the market because of its duration if it does not show that it is not related to the nature of the benefits.

Rule n ° 3:

The defect derived from the signature of the contract before the transmission of the deliberation authorizing its signature does not affect the validity of the contract.

Rule n ° 4:

The defect affecting the contract which has been tacitly renewed constitutes a particularly serious irregularity which justifies dismissing the contract. The judge takes into account the fault of the contracting partner who could not ignore the irregularity committed.