CANEDO (Marguerite) – THE ADMINISTRATIVE MANDATE, preface by Jean-François Lachaume, Public Law Library, vol. 216
CANEDO (Marguerite) – THE ADMINISTRATIVE MANDATE, preface by Jean-François Lachaume, Public Law Library, vol. 216
    CANEDO (Marguerite)
    THE ADMINISTRATIVE MANDATE, preface by Jean-François Lachaume, Public Law Library, vol. 216
Édition :
    Paris
Date :
    2001
    in-8, br., INVOICE FROM THE AUTHOR TO PROFESSOR WALINE, very good condition, [this book comes from the personal library of Marcel and Jean Waline], X-876 p.
    “One might be inclined to consider that the mandate, a contractual instrument by which one person confers upon another the power to represent them by performing legal acts in their name and on their behalf, has no place in administrative law. This opinion, which seems to be supported by the apparent scarcity of administrative case law on the subject, explains why this institution has generally been, if not entirely ignored by administrative law scholars, at least very insufficiently and superficially studied. It is therefore time to reconsider these extremely rigid and conservative positions and to renew the debate concerning the application of the mandate in administrative law. An overview of the main components of this branch of law makes it possible to understand the fundamental role that this institution plays in this area, not in its purely “civil law” conception, which is too partial and limited, but under an “administrative law” interpretation, which is richer and more ambitious.” This work therefore proposes to dedicate, alongside the well-known mandate of the civil code, a sui generis mandate specific to administrative law, which would certainly not, or at least not yet, have an obvious practical interest, but a significant theoretical and intellectual interest already, since it would be capable of explaining certain administrative theories and case law that usually remain unexplained or are explained unsatisfactorily. Thus, admitting the existence of a “publicized” mandate is not to implant a mechanism of civil law into a law to which it is foreign, but truly to accept the idea of ​​a concept of “administrative mandate.” It is, perhaps even more, to dare to recognize that this particular mandate can, rather unexpectedly, constitute an essential element of continuity and coherence in French administrative law.

Référence : 54855

Mots-clés : Administrative contracts, Administrative law

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