الإثراء بلا سبب في القانون الإداري

Abstract

This study seeks to reveal thé legal nature of the doctrine of “ unjust enrichment “ within the framework of administrative law, considering it an indépendant legal basis and one of the sources of obligations in the absence of a contractual relationship. This is achieved through examining its comceptual foundations and establishing its legal rules based on the principles and ruling developed by administrative courts. The study concludes that administrative juris prudence has reformulated this doctrine in a manuer consistant with the distinctive nature of administrative relationstip. In doing so, it relies on the general principles of law and the principles of equity and justice, rather tham on a literal application of private legal rules.the doctrine applies only when certain essential elements are present, the enrichment of the administrative authority’s finantial assets, the corespending impoverishment of the contractor or dealing party, and the existence of a direct causal link between the two in the absence of any legal justification or valid contractual relationship the compensatory purpose of this doctrine is reflected in its role as au alternative gudical remedy that may be invoked when the contractual relationship collapses or when a transaction lacks the formal requirements prescribed by public pracurement législation, there by ensuring the contenuity and proper organisation of public services. From a procédural perspective, the doctrine takes from of an alternative legal action aimed it compensatory damage, limited to the lesser of the two values, the amount of enrichment or the amount of impoverishment. It thus constitutes a compréhensive legal mechanism that protects individuals legal positions against administrative authority on the one hand, while safe guarding public funds and preventing unjust enrichment at their expense on the other.