Termination of Public Works Contracts in Algerian Law: Natural Completion, Exceptional Rescission Mechanisms, and Financial Settlement under Law No. 23-12 and Executive Decree No. 21-219

Abstract

This research undertakes an analysis of the legal regime applicable to the termination of public works contracts. It deals with both the natural termination of the contract due to the full performance of the contract or the expiration of the contractual duration and the non-natural termination of the contract, which encompasses rescission for the contractor's fault, unilateral termination of the contract in the public interest, and judicial dissolution of the contract.
This research has shown that the termination of the contract is no longer just the final act of the procedure but is instead a form of organized governance. It has also demonstrated the importance of strengthening the procedural regime of termination, the requirements of justification, and the financial regime of termination in order to strengthen transparency and credibility in the Algerian system of public procurement.