Abstract
The study of the duration of delegation of public services has long been marginalized despiet it being an essential element of the contract. However, since the early nineties, and with the adoption of the Sapin law, the concept of the determination of the duration and of the frames setting out its extension has received increased attention. It has been seen as the most appropriate means to guarantee the fight against corruption. Nonetheless, the modalities of determination of the duration have been linked to multiple notions such as amortization, which has rendered an early determination of the duration impossible. As a consequence, the determination of the duration, as practised today, suffers from serious incoherences in both concept and application. Therefore, this theory has failed to protect public services and permit compromise between the delegate and the person being delegated to, primarily taking into account the best interests of the service and the user. It appears that only a theory of a variable duration, linked to the results of the operation would remedy the difficulties raized by the ever-changing circonstances. In this perspective, simplifiying the duration would lead to increased control and power of the judge in order to safeguard public services.