LEGAL AND PRACTICAL ASPECTS CONCERNING THE OBJECT OF ADMINISTRATIVE CONTRACTS
Liliana Belecciu () and
Stefan Belecciu ()
Fiat Iustitia, 2016, vol. 10, issue 2, 26-32
In order to carry out its activity, the public administration authorities entrusts to a particular (natural or legal person) the exploitation of a public good, the execution of a public work or the performance of a public service by concluding some administrative contracts. These can be concession contracts, service contracts, public-private partnership contracts etc.The conclusion of such contracts require the proper identification of the object of the contract, especially in the case of public service concession, which involves the use of some public property goods. It would seem that in such situation, it is necessary to conclude two concession contracts: a concession contract for the public property good, on the one hand, and for the public service, on the other hand. In practice, the contracts whose object is the provision of a public service, the concession of goods is done simultaneously with the concession of the public service and as its accessory. There is a concession of goods when the principal performance in the exploitation of apublic or private property good of the status or administrative-territorial units. The concession which has as object the execution of a public work is also a concession of a public service, through which, however, the concessionaire does not undertake only to make tofunction this service, but undertakes to build himself, at his expense, the work required for the functioning.This paper aims to study the main rules on the correct identification of the object of administrative contracts, in order to streamline the goods, services or public works, streamlining in the general benefit of the society who use these goods, services or public works, and for the private benefit of the concessionaire, by obtaining revenues which would allow the payment of the royalty to the Concession Provider, as well as its own profits.
Keywords: Administrative contracts; concession contracts; service contract; public works; public services; public property assets (search for similar items in EconPapers)
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