The Termination of Administrative Contracts in the Romanian and French Law
Author | Catalin Silviu Sararu |
Position | Assistant Professor, PhD, The Bucharest Academy of Economic Studies, Romana Square no. 6, district 1, Bucharest, Romania |
Pages | 17-24 |
Abstract:
The overall objec
activity of the public admin
entrepreneurial governance. T
research on the conditions
conditions under which the
law. The analysis us
ing th
emphasizing the particulariti
research is finally recovered
reflected in future of the Rom
field in Romania and respon
The work will have signific
that in future studies will de
expressed in comparative la
ju
ridical institution of the adm
Keywords:
public law; adm
contracts; cancellation clause
1. Preliminary Consi
The administrative cont
agreement of the parti
unilateral withdrawal, t
Alexandru, 2008, p. 541
The termination as a pe
cancellation of contract
that have been made pri
1
Assistant Professor, PhD,
district 1 , Bucharest, Rom
author:
catalinsararu@yahoo
J
Ctlin-Silviu SRARU
1
jective of this paper is to present a topic of great interest fo
inistration that emphasizes the contractual procedures as a v
e. Thus, this article is devoted to
a summary of the results of a
ns for termination of administrative contracts. This study
e administrative contracts can be terminated in the Romania
the comparative method based on a d escriptive document
rities of termination in administrative law in relation to priv
red by „
de lege ferenda” proposals
which should, in our o
omanian Administrative Procedure Code. The stu dy is first re
ond to concrete problems arising in the practice of public ad
ificant i mplicat
ions and for researchers of the administrative
deepen the problems analyzed here. The work captures doctr
l aw and comes with new legal reasoning to support the res
administrative contracts termination.
administrative contract; public procurement; concession;
te
use
nsiderations
ontract may be
terminated or the expiry or early, wh
arties or the intervening force majeure or fortuit
l, termination or redemption (Rivero & Waline, 19
541).
penalty for breach of contract by the defaulting
act only for the future, leaving untouched successi
prior to termination (Sttescu, Bîrsan
, 2000, pp. 86
-
The Bucharest Academy of Economic Studies,
Romana S
Romania.
Phone: +4 021.319.19.00; Fax: +4021.319.18.99.
Co
oo.com
.
The Termination of Administra
Contracts in the Romanian and Fre
AUDJ, vol. VII, n
o.
JURIDICA
17
t for the present
a vital aspect of
f an exploratory
y analyzed the
nian and French
entary research,
rivate law. The
r o
pinion, to be
t research in this
administration.
ve ph enomenon
ctrinal opinions
research for the
termination of
when there is
tuitous event,
1992, p. 114;
g
party is the
ssive benefits
-
91).
a Square no. 6,
Corresponding
strative
French Law
o.
3, pp. 17-24
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