Effect of the civil law severability doctrine on administrative contract Theory: A study of French and Egyptian laws

Abstract

This article investigates the application of the civil law severability doctrine in administrative law through an in-depth analysis of the French and Egyptian legal systems. Recognising the increasing complexity of administrative contracts and disputes, this study explores how administrative judges integrate the severability doctrine of civil law into their judgements. Specifically, it investigates whether and how this integration occurs and the balance that judges maintain between adhering to administrative law's independence and applying civil law principles. This article particularly notes the consistent application of this doctrine in the examined jurisdictions of France and Egypt. Despite minor variations, the fundamental approach to the severability doctrine remains largely uniform across these two legal systems. By presenting detailed case studies from France and Egypt, this study fills a notable gap in the current literature by offering valuable insights for countries where administrative law is still evolving, by showing how civil law doctrines can be incorporated. This approach not only bridges a knowledge gap but also sheds light on the interaction between civil and administrative laws, paving the way for similar interdisciplinary legal studies.

Keywords

• Severability
• Contract
• Partial nullity
• Administrative law
• Civil law