FRANCE Trends and Developments Contributed by: Thierry Laloum, Jordan Pontal, Julie Sarny and Gabin Dupont-Guianvarch, Willkie Farr & Gallagher LLP
Given the expertise of the administrative author - ity in these areas, it is clear that such obligations would be more effectively and quickly fulfilled by the private contracting party if they received the cooperation of the administrative authority. Again, there is a strong case for establishing a duty of cooperation in administrative contracts. Thus, establishing good faith in the performance of administrative contracts would lead, on the one hand, to better use of administrative authori- ties’ contractual powers and, on the other hand, to more effective fulfilment of obligations by the private contracting party. This would help achieve the public interest goal of the contract more effectively and securely.
In view of this, the Council of State could, in the future, complete the developments initiated in 2009 and elevate good faith to a fundamental principle of administrative contract law.
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