délégataire

Délégataire is a term used in French law to designate the person or entity to whom powers, tasks, or duties have been transferred by another party, the delegant, through delegation or mandate. The délégataire acts on behalf of the delegant within the scope defined by the delegation agreement or mandate, and bears responsibility for carrying out the entrusted acts.

In civil law, délégation refers to the transfer of authority to perform legal acts. The délégataire can act in the name of the delegant, and liability may arise from the acts performed within the scope of the delegation. The arrangement is governed by the contract or mandate that sets the limits, duration, and conditions of ratification or supervision.

In public law, the term is notably used in the context of délégation de service public (DSP). Here, a public authority entrusts the operation of a public service to a délégataire under a contract. The délégataire typically finances, builds, or operates the service and is remunerated according to the contract’s terms. The public authority retains sovereignty and oversight, ensuring continuity, equality of service, and compliance with public interests. Variants of delegation in this area include concessions and affermages, which differ mainly in risk allocation and tariff arrangements.

Key distinctions include the relationship to the delegant, the nature of remuneration, and the allocation of risk. The délégataire is not the owner of the public service but is authorized to operate it within the framework of the delegation, subject to regulatory controls and contractually defined performance standards. Examples include operators of water utilities, transit systems, and other public services.