The interpretation of administrative contracts

Author:Catalin-Silviu SARARU, PhD
Position:Lecturer
Pages:152-156
SUMMARY

The article analyzes the principles of interpretation for administrative contracts, in French law and in Romanian law. In the article are highlighted derogations from the rules of contract interpretation in common law. Are examined the exceptions to the principle of good faith, the principle of common intention (willingness) of the parties, the principle of good administration, the principle of... (see full summary)

 
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The interpretation of administrative contracts
Lecturer Ctlin-SilviuăSRARU
1, PhD
Abstract
The ar ticle ana lyzes the principles of interpretation for a dministrative contracts,
in French la w and in Romanian la w. In the article are highlighted deroga tions from the
rules of contr act interpr etation in common law. Are examined the exceptions to the
principle of good faith, the principle of common intention (willingness) o f the parties, the
principle of good administration, the principle of extensive interpr etation of the
administrative contr act. The article highlights the importanc e and role of the interpr etation
in administra tive contracts.
Keywords: pub lic law, a dministra tive contr act, contr actual clauses, contract
interpreta tion, public interest, public service.
JEL Classification: K12, K23
1. Preliminary considerations
The interpretation of the contract is the operation by which to determine
the exact meaning of the terms of the contract, by researching of the manifestation
of will of the parties, in close correlation with their own internal will2.
The interpretation of contract is required when there is discrepancy
between the real intention and willingness of the parties, when the contract terms
are ambiguous, confusing or contradictory, also when the contract is incomplete3.
In the public law, the purpose of general interest and the connection with
the public service, based on the existence of government special powers compared
to co-contractor, require special methods of interpretation of administrative
contracts4. Therefore, the interpretation of administrative contracts is to be made by
rules which differ substantially from those of civil law5.
1 Ctlin-Silviu Sraru - Bucharest Universit y of Economic Studies, Law Department,
catalinsararu@yahoo.com
2 Constantin Sttescu, Corneliu Bîrsan, Drept civil. Teoria general a obligaiilor, All Beck
Publishing House, Bucharest, 2000, p. 55.
3 See Mircea N. Costin, Clin M. Costin, Dic
ionar de drept civil de la A la Z, editia a 2-a, Hamangiu
Publishing House, Bucharest, 2007, p. 518.
4 Laurent Richer, Droits des contra ts administratifs, 3e èdition, L.G.D.J, Paris, 2002, p. 204.
5 Jean-Marie Auby, Droit a dministratif, Universite Bordeaux, Librairie Montaigne, 1975-1976,
p. 184.

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