1. Introduction. – 2. The History of Administrative Contracts. – 3. The Meaning of the Administrative Contract. – 4. Characteristics of Administrative Contracts. – 5. Types of Administrative Contracts and their Legal Function. – 6. The Difference between Administrative Contracts and Civil-Private Contracts. – 7. Administrative Contracts at International Aspect. – 8. Conclusions.
Background:
This scientific paper aims to delve deeply into the concept of administrative
contracts and their importance in the field of public administration. Therefore, our goal is to
provide a clear and detailed analysis and interpretation for readers, ensuring that all those
interested have the opportunity to gain a foundational understanding of the importance and
legal consequences of administrative contracts. By means of this paper, treating administrative
contracts broadly regarding their development, meaning and importance in the theoretical
aspect will positively influence and facilitate their application in practice by the public
administration. These contracts, often similar to classical ones, with their content and purpose,
are so differentiated that now it is no longer possible to speak of their belonging to one of the
existing groups of contracts but of new, independent types of contracts.
Methods:
This paper employs analytical, normative, historical and comparative methods. The
This paper employs analytical, normative, historical and comparative methods. The
analytical method will be used to analyse administrative contracts in the Republic of Kosovo and
their application by state bodies. The normative method will treat the legal provisions that
regulate administrative contracts, starting with those within administrative law and extending to
provisions in other legal domains. The historical method will illustrate the history of the
development of administrative contracts, detailing their past and how they work today. Lastly,
the comparative method will compare the development and operation of administrative contracts
in the Republic of Kosovo with those in other democratic states mentioned in the paper.
Results and conclusions:
The administrative contract holds significant importance in public
The administrative contract holds significant importance in public
administration, as its primary objective is always to serve the general state interest. Despite
being a bilateral legal act, an administrative contract typically involves a public or state
administration body as the contracting party, which inherently holds greater power or
authority in relation to the other legal entity involved. This power disparity means there is no
equal footing between the contracting parties, contrary to the principle of equality observed in
civil law and generally required for concluding private contracts.