Administrative contracts

• Author: Catalin-Silviu Sararu
• Profession: PhD, is Associate Professor at the Law Department of Bu-charest University of Economic Studies
• Pages: 51-58

Chapter VI

Administrative contracts

1. The notion of administrative contract

The administrative contract represents the will agreement between a pub-

lic authority or a power of attorney and one or more natural or legal persons,

under private or public law, which seeks to achieve a public interest and to which

a special regime is applied, of administrative law1.

The administrative contract is an act of public management2. Public au-

thorities may conclude, in the cases and under the conditions provided by law and

private management acts such as employment contracts, civil contracts (for ex-

ample a donation contract in which the public authority has the status of donor),

commercial contracts, etc.

2. The features of administrative contracts

Administrative contracts have the following features:

a) The parties of the contract. In administrative contracts one of the par-

ties must be a public institution acting in the realization of public power or an-

other subject of law authorized by a public institution. The parties are in a position

of legal inequality, the contracting public authority having a position of superior-

ity over the subjects of private law with which they contract.

b) P urpose of the contract. The aim pursued by the conclusion of the

administrative contract is the achievement of a public interest. Thus, for example,

the concession contract for a public service will follow the better implementation

of that public service, so as to meet the needs of the community in which it is

provided.

c) The object of the contract. Administrative is the contract whose object

concerns the provision of public services, the execution of public works, the re-

alization of public procurement, the valuation of public goods/activities/services,

public loans, etc.

d) The clauses of the contract. The administrative contract has two parts:

1 On administrative contracts see Ctlin-Silviu Sraru, Contractele ad ministrative. Reglementare.

Doctrin. Jurispruden, C.H. Beck, Bucharest, 2009; Ctlin-Silviu Sraru, Ca rtea de contracte

administrative. Modele. Comentarii. Explicaii, C.H. Beck, Bucharest, 2013.

2 On the management acts of the public authorities see Rodica-Narcisa Petrescu, Cr iterii de

distingere între actele administrative de autoritate i actele de gestiune ale statului – implicaii pe

planul contenciosului administra tiv, „Dreptul” no. 10/1992, p. 39-45; Ctlin-Silviu Sraru, op.cit.

(Contractele administrative…), 2009, p. 22-47.