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Contracts in Public Administration

Keywords: forms of administrative activity , private law contract , public law contract

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Abstract:

Objectives: The present makes a contribution to the discussion on contracts in administration under Polish law. It concentrates on theoretical issues, but ones of considerable practical significance. Prior Work: The problems of contracts in administration form an interesting, though relatively poorly explored, field. This paper is a result of academic considerations on the classical institution of civil law, namely a bilateral juridical act - a contract, applied in public law. The significance of this area may be demonstrated by the fact that one scientific conference and a collection of papers have been devoted to contracts in administration. Approach: The authors apply, as research method, the analysis of jurisprudence and doctrinal writings referring to the provisions of law currently in force. The paper discusses as well the draft of the Act on general provisions of administrative law, and includes comparative remarks. Results: Our investigations have inclined us to put forward certain comments pertaining both to opinions presented in academic writings, and to legislation. The authors formulate as well de lege ferenda proposals. Implications: The paper is to outline theses interesting but complicated matters. As a voice in the doctrinal dispute it can also be useful for law students. Value: The advantage of the paper is its transparent construction and logical composition. Starting from general questions, the authors proceed to discuss the problems referring to the binding law and proposed amendments. The article is also enriched by a presentation of rules functioning in foreign countries and proposals of regulatory solutions.

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