The Theory of the Act of the Prince as a Guarantee for the Protection of Contractual Rights in Administrative Contracts

Abstract

This research addresses the theory of Act of the Prince as a guarantee for the protection of contractual rights in administrative contracts. Through this study, we clarify the role played by the Act of the Prince theory in safeguarding contractual rights by explaining its concept, the conditions for its application, the effects it produces, and the distinction between it and both the theory of unforeseen circumstances and the theory of material difficulties.

The study shows that the Act of the Prince theory applies when the contracting administrative authority undertakes certain legal actions that directly affect the contract during its execution. These actions may fall within the scope of the contract, or they may be general measures taken by the contracting authority outside the scope of the contract but still affecting its performance particularly with regard to increasing the financial burdens of the contracting party.

It is also worth noting that, for the Act of the Prince theory to be invoked in such cases, the actions must be issued by the administration without any fault on its part. Rather, they must be issued in pursuit of achieving its objectives related to the public interest, and such actions must have been unforeseeable by the contracting party