Le maître d’ouvrage et le contrat de sous-traitance dans les marchés publics de travaux au Cameroun

Lesmont Bahoken Valeri ()
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Lesmont Bahoken Valeri: Faculty of Law and Political Science, University of Douala, Cameroon

Juridical Tribune - Review of Comparative and International Law, 2015, vol. 5, issue 2, 179-200

Abstract: Any subcontracting in public procurement contracts is subject to the prior approval of the Contracting authority. This is a manifestation of excessive powers which holds the administration in public law contracts. Therefore, the public contract is liable to termination as soon as the Contracting authority finds by any means whatsoever subcontracting occult on the work site. However, as soon as subcontracting is allowed, the Contracting authority appears foreign to its implementation, leaving the parties freely fulfill their contractual obligations. The situation of the contractor who is generally a small business or PMI is abandoned to the will of the contracting party of the public person, usually powerful multinationals. The Contracting authority displays a certain neutrality in both the quality of work performed by the contractor in terms of payment of the latter. Contractual freedom seems to have taken precedence here on the powers of control and direction of which is coated the Contracting authority in the execution of public contract, to the detriment of the subcontractor. A reform of the Government Procurement Code and subsequent legislation is needed to better protect the interests of the subcontractor. This article is striving to clarify the relationship Contracting authority - Contractor - subcontractor in works contracts. It demonstrates that the subcontractor weaker party to the contract must be better protected so as to safeguard the contractual solidarism which seems to be based the existence of the outsourcing contract.

Keywords: public procurement; Contracting authority; contractor; subcontractor; contractual solidarism. (search for similar items in EconPapers)
JEL-codes: K12 K23 (search for similar items in EconPapers)
Date: 2015
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