The interpretation of administrative contracts

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

 

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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.