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Auswahl der wissenschaftlichen Literatur zum Thema „Administrative contracts theory“
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Zeitschriftenartikel zum Thema "Administrative contracts theory"
1
Almajali, Mohmmad Husien, Mohammad Basheer Arabyat, Faisal Tayel Alqudah, and Mohamed F. Ghazwi. "Cases of Nullity of Administrative Contract Compared to Civil Contract under the Jordanian Legislation." International Journal of Religion 5, no. 1 (2024): 725–31. http://dx.doi.org/10.61707/hd5yz160.
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This article examines the degree of effect of the theory of nullity in Jordanian civil law on administrative and civil contracts and the utmost key cases of nullity of the administrative contract as compared to civil contract. The descriptive and analytical research approach is adapted to achieve the research objectives. In carrying out its activity, the administration resorts to several diverse and numerous means and actions, and these actions may be physical or legal actions. Legal actions may be unilateral actions, which are called administrative decisions, or they may be two-sided, meaning an agreement, which is what, is called contracts, whether these contracts are concluded between persons of public law and between a person of public law and one of the persons of private law. The administrative contract does not differ in its work from other contracts if it is concluded by simply exchanging the expression of their wills between the two parties, taking into account the specific conditions stipulated by the law for its conclusion. In its formation, it is necessary that its pillars be present, which are the administration element, the place element, and the cause element. It is also necessary that the conditions for its validity be met, which is that the will of its two parties is free from any defects of consent that may taint it. Towards the end, results and recommendations are properly incorporated.
2
Antonenkо, Anastasia. "ADMINISTRATIVE CONTRACT IN THE PROCEDURE OF THE UNFORCED EXPROPRIATION: JUSTIFICATION AND ADVISABILITY OF THE IMPLEMENTATION." Administrative law and process, no. 1(34) (2022): 5–20. http://dx.doi.org/10.17721/2227-796x.2022.1.01.
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Purpose. The purpose of the article is justification of the concept of the contract of redemption as an administrative contract and proving of the advisability of its implementation in Ukrainian procedure of the unforced expropriation. Methods. The research methodology consists of general and special methods of scientific cognition, including comparative and legal, systematic and structural methods, deduction, induction, analysis, synthesis, etc. Results. Main Features of administrative contracts, which are determined on the normative and scientific levels, are compared with features of the contract of redemption for public needs in the first part of the article. As a result the compliance of the contract of redemption with the requirements for administrative contracts is approved. Certain criteria according to which scholars and courts of European states classify the expropriation contract as administrative-legal are highlighted in the second part of the article. This allowed to further emphasizing the affiliation of the contract of redemption to administrative contracts. The place of the expropriation contract at the system of administrative contracts of certain European states is considered in the third part of the article. It is highlighted one of the features of the expropriation procedure, according to which expropriation contract radically is different from private law agreements and which related to the possibility of concluding a partial agreement. Conclusions. In the conclusions to the article it is summarized that the contract of redemption as an idea, a concept, which is enshrined in Part 3 of Art. 153 of the Civil Code of Ukraine and follows from the essence of the expropriation procedure, belongs to administrative contracts, which is confirmed by the analysis and full compliance of its features with the features of administrative contracts in domestic and foreign theory of administrative law, as well as analysis of regulations, judicial practice and legal doctrine of European countries, especially Germany, Switzerland and Liechtenstein.
3
Solechan, Solechan. "The Concept of Private-Administration Contracts in Settling Problems in Government Goods/Services Procurement Contracts." International Journal of Criminology and Sociology 10 (April 30, 2021): 662–67. http://dx.doi.org/10.6000/1929-4409.2021.10.77.
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Contracts for the procurement of government goods/services are the realm of private law that implements pure private contracts. A legal relationship in a private contract, especially in a contract settlement, is a relationship between the settlement of the rights and obligations of the parties. This study describes the settlement of government goods/service procurement contracts that require a legal basis both in principle and theory. By using the conceptual analysis method, the findings indicate an inconsistency in solving a legal problem in a government procurement contract, where private legal issues are resolved through administrative law. Theoretically, this study contributes to the resolution of this problem, there are intersections between two legal aspects, namely private law and administrative law. In practical terms, this study encourages the development of government goods/service procurement contract problem-solving practices to adopt the contract problem-solving method starting to use administrative law.
4
Rousseau-Houle, Thérèse. "La notion d'enrichissement sans cause en droit administratif québécois." Les Cahiers de droit 19, no. 4 (2005): 1039–60. http://dx.doi.org/10.7202/042284ar.
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The problem of unjust enrichment has often been raised in recent years with reference to litigation concerning contracts with public authorities. Many times, parties to such contracts have invoked this principle to obtain compensation for services provided under contracts later declared irregular or void. The courts have then attempted to apply in the context of administrative law the conditions laid down by civil law doctrine for unjust enrichment. The transposition to administrative law of the civil concept of unjust enrichment does not, however, appear to have been adequate. To begin with, the principle of unjust enrichment is difficult to dissociate from the quasi-contract of negotiorum gestio in administrative law. Further, the material and legal conditions of unjust enrichment cannot be applied as a whole to administrative law. In this field, unjust enrichment appears as a true quasi-contract in the sense that it requires the assent of the person enriched. Furthermore, the enrichment must have resulted in a real benefit in the general interest of the administration. These special conditions require a different approach toward the notion of unjust enrichment in administrative law. This approach may be elaborated from the Common Law notion of quantum meruit or from the theory of unjust enrichment in French administrative law. A new concept of unjust enrichment in Quebec administrative law would lead to finding, in the field of quasi-contracts, a solution which would provide for the protection of both public finances and the individual interests of co-contractants.
5
Bila, V. R. "Administrative Contract as a Legal Form of Public Administration: Updating Doctrinal Approaches." Law and Safety 75, no. 4 (2019): 43–48. http://dx.doi.org/10.32631/pb.2019.4.05.
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The analysis of the features of administrative contracts, formed by the theory of administrative law, has been made for the purpose of their compliance with the current legislation. The perspectives of improving both the doctrinal understanding and the normative construction of the concept of administrative contracts have been clarified. It has been stated that administrative contracts are only one of the possible contractual forms of regulating the relations of public administration. Contractual regulators can be both formalized in the form of administrative contracts or unformalized, when the agreement between the authorities is fixed at the level of legal acts or when laws provide the possibility of reaching a consensus in vertical and horizontal administrative legal relations. The author has established the correlation between administrative contracts and other types of legal forms, including with administrative acts, the common legal acts. The perspectives for improving the list of types of administrative contracts have been stated. In particular, the author has substantiated that the list of cases of concluding administrative contracts, under the Code of Administrative Judiciary of Ukraine, focuses solely on the determination of the substantive jurisdiction of administrative courts and is only a basis for forming the scope of the concept of “administrative contracts”, which is much more wider than the legal definition.
 It has been pointed out that some of the statements made in the most recent writings on administrative contracts are falsified, including that administrative contracts and administrative acts are comparable incompatible concepts, and the initiative in concluding administrative contracts can come from an authorized subject, as well as from legal entities and individuals.
 The author has concluded about the significant influence of the normative construction of the concept of administrative contracts on its doctrinal understanding and the need to update the established ideas about its function as a legal form of public administration, which directs the study of those types of economic contracts, which in their essence are administrative contracts.
6
Milenković, Dejan. "ADMINISTRATIVE CONTRACTS IN THE NEW GENERAL ADMINISTRATIVE PROCEDURE ACT IN WESTERN BALKANS COUNTIRES." Strani pravni život 61, no. 3 (2017): 67–80. http://dx.doi.org/10.56461/spz17305m.
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Administrative contract, as well as specific legal institute, draws the attention of theoreticians of administrative law for more than a century. For them, it is that they are “formally” recognized by the courts, or in special substantive laws or Generally Administrative procedural Act (GAPA), we can find in almost all Euro-continental legal systems. In the former Yugoslav theory, in conjunction with the institute of administrative contracts are continuously guided serious discussions since the sixties of the 20th century. However, at several last years, we can see the intention and tendency that the administrative contracts have to be generally defined by GAPA. Today, all countries of the Western Balkans, except Bosnia and Herzegovina, have in new GAPA a special section that regulates this institute and its specific legal regime. However, the ways in which they are formulated and regulated depend on specifics of the legal system in each of these countries. In this paper, we gave the comparative archive and analyze legal norms relating to administrative contracts in new GAPA in Croatia, Montenegro, Macedonia, Albania and Serbia, with basic similarities and differences in their existing legal regimes.
7
Rašević, Živorad, Danijela Despotović, and Snežana Prelević Plavšić. "Javne nabavke između upravnog i obligacionog prava: sistemsko pozicioniranje." Harmonius Journal of Legal and Social Studies in South East Europe 12, no. 1 (2024): 309–34. http://dx.doi.org/10.51204/harmonius_23113a.
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The stances of the legal theory, comparative law and jurisprudence do not concur on the nature of public procurement: The administrative law literature considers public procurement contracts to be administrative contracts, while civil law treats them as traditional civil or commercial contracts. To understand the nature of the relationship between public procurement entities and private companies that provide them with go ods and services, this essay examines the undefined systemic connections of the Serbian Public Procurement Act (PPA) with administrative and obligation law. The research results reveal that the PPA norms, although regulate the public law regime of the unequal relationship between procurement entities and bidders, do not place this relationship in the realm of administrative law because they enable only indirect, limited and exceptional application of the administrative norms. Norms of the PPA do not explicitly refer to obligation law. Still, its application as a lex generalis is inevitable for the comprehensive regulation of the precontractual and contractual relationship between the procurement entities and bidders. These findings suggest the PPA positioning as a special regime of obligation law, which cannot be rigidly classified into public or private law. Therefore, it is proposed to distinguish administrative decision-mak ing on the contract from its execution that is subject to the obligation law, and to restrict the superiority of procurement entity for the sake of fundamental values of civil law.
8
yavari, asadolah, and mohammadreza Bahrami. "The Theory of unpredictable affairs and Adaptation of administrative contracts." Payam-e-Marefat-Kabul Education University 10, no. 33 (2023): 271–93. http://dx.doi.org/10.61186/qjal.10.33.271.
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9
Huiqiong, Lin, Nie Ting, and Qiu Tengfeng. "Research on the Influence Mechanism of Implicit Incentive on Employee's Territorial Marking Behaviors – the Moderating Effect of Recognition Expectation." Tobacco Regulatory Science 7, no. 6 (2021): 5596–608. http://dx.doi.org/10.18001/trs.7.6.47.
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Based on field theory and prospect theory, this paper attempts to explain the influence mechanism of organizational implicit incentives on employee's territory marking behaviors and further verify the moderating effect of recognition expectation. Through a paired survey of 280 employees and supervisors in the Yangtze River Delta, the Pearl River Delta and Macau Special Administrative Region, it shows that growth incentives, job incentives, and relationship incentives significantly affect territorial marking behaviors through psychological contracts. The recognition expectation of employees will enhance the relation between psychological contract and territorial marking behaviors.
10
Lewandowski, A. "PUBLIC LAW CONTRACT IN GERMAN ADMINISTRATIVE LAW." Constitutional State, no. 47 (October 18, 2022): 29–39. http://dx.doi.org/10.18524/2411-2054.2022.47.265281.
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The article focuses on the public-law contract in German law. It considers the relationship between the public-law contract and the administrative act in the context of the principle of freedom of choice of form of action of the administrative authorities. It analyses the legal basis of the public law contract. First of all, these covers § 54 of the Administrative Procedure Act as the central norm of the public law contract. Issues relating to the limitations in the enforcement of § 54 are also outlined. In addition, the constitutional background of the public contract is discussed. Particular attention is paid to the principle of lawfulness of government action and its two main components: the rule of law and the principle of compliance with the law, which have a varying impact on the public-law contract. The article also considers the dual nature of public-law contracts, which is primarily due to the fact that the public-law contract itself is directly a figure of both procedural and substantive law. Distinctive features of a public-law contract in the context of its differentiation from the other forms of implementation by administrative authorities of their powers are analyzed. First of all, it affects the administrative act on demand as the closest to the public-law contract type of its external manifestations. The same applies to an administrative act with additional conditions, since it has misleading characteristics similar to a contractual relationship. The subject matter of the contract itself was analyzed as a decisive factor enabling it to be classed as a contract entered into in the field of public administrative law. The role of the theory of special law and its impact on the process of identifying the public law contract was examined. In this regard, the limping mutual contract as a special form of a public-law contract has been defused. A special place in the article is given to the issues of terminology. It is concluded that Ukrainian administrative law has no analogues and similar approach not only to the question of classification but also to the correlation of the considered notions developed by German administrative law.