ABSTRACT
This chapter introduces the substantive principles of ‘Le Contrat Administratifi theory in MENA countries. The principles of ‘Le Contrat Administratif’ are detailed and the concept of the contractual excessive/exorbitant clauses are explained. The origin of the excessive/exorbitant clauses in MENA countries’ administrative contracts exist in the French legal system as it is known as ‘Les Clauses Exorbitantes.’ It is of fundamental importance to explain the rigid theory of administrative contracts to provide a comparative perspective between the traditional theory of administrative contracts, particularly traditional concessions, and the significant developments in MENA countries’ legal systems through legislation, and regulations to adopt new PPP contractual patterns. Further, this chapter outlines the traditional concession contracts’ substantive clauses, which are of fundamental importance to the comparison of substantive contractual clauses between both PPPs and the traditional concessions.
