The Administrative Agreement as a Legal Form for Public Services in Comparative and Roman Law

• Author: Ionas, C.
• Position: Faculty of Law, Transilvania University of Brasov; The Brasov County Office of the People's Advocate
• Pages: 103-108

Bulletin of the Transilvania University of Braşov • Vol. 5 (54) No. 1 - 2012

Series VII: Social Sciences • Law

THE ADMINISTRATIVE AGREEMENT AS

A LEGAL FORM FOR PUBLIC SERVICES

IN COMPARATIVE AND ROMAN LAW

Cristina IONAŞ1

Abstract: Doctrinal discussions on the administrative agreement have

arisen along with the economic, social and industrial development of

European countries. The principle of separation of powers adopted in

France after the Revolution of 1789, the need to protect private law subjects,

has become increasingly necessary a s private subjects may be affected by the

exercise of public power. Gradually, given t he need to protect the interest of

both public and private sectors, it has been proceeded to create a system o f

administrative law, separate from the common law system.

Key words: administration, administrative agreement, comparative law,

civil and commercial contracts.

1 Faculty of Law, Transilvania University of Braşov; The Brasov County Office of the People's Advocate.

Doctrinal discussions on the

administrative agreement have arisen along

with the economic, social and industrial

development of European countries. In the

article published in the Fordham

International Law Journal, volume 26,

number 6, 2002[1], Hector A. Amiral

comments on the notion of "government

contract" as variants of the administrative

contract that originated in the French law.

The French law, as th e author believes,

influenced the Latin - American legal

system so that this variety of

administrative contract has been adopted in

several Latin American countries (Brazil,

Chile, Uruguay).

Thus, the principle of separation of

powers adopted in France after the

Revolution of 1789, the need t o protect

private law subjects, has become

increasingly necessary as private subjects

may be affected by the e xercise of public

power. Gradually, given the need to protect

the interest of both pu blic and private

sectors, it has been proceeded to create a

system of administrative law, separate

from the common law system.

In the 19th century, the Conseil d'Etat,

which was originally an organization

intended to guide the French public

administration has turned into an entity

with jurisdictional powers, acting as a real

court with general jurisdiction of modern

times. Thus, in 1953, administrative courts

were established, below the Conseil d'Etat,

and in 1987 administrative appellate courts

whose decisions could not be further

appealed to the courts of common law.

Creation of administrative courts of law

gave rise to the need to separate tho se

contracts, which were in the competent

administrative courts (contrats

administratifs) from the rest of the