ADMINISTRATIVE CONTRACTS IN COMPARATIVE LAW

Abstract

Administrative contracts, as a type of contract concluded by the state, not for the purpose of performing its
primary functions, but for the purpose of achieving generally useful goals, both for the society and the state,
travel a long way from their origin to eventual final acceptance in all legal systems. In this paper, the author
explains the administrative contracts in France- the country where the institute “administrative contract” is
established, versus the legal systems of Germany and Austria. Even though in the common law countries,
such as Great Britain and United States of America the administrative contract is not present as known as in
the French legal system, there is a certain type of contract where different rules apply than those of private
law and in which one contractual party is a public authority. These contracts in the common law can be
found under the name "public contracts", "government contracts" or "state contracts". It is emphasized that
the administrative contract does not have to be regulated and legalized in order to function and be legitimate.
Emphasis is placed on the legal nature of these contracts and on the similarities and differences that exist in
different legal systems.