Prescripţia şi nulitatea în materia contractelor administrative, confruntate cu regulile dreptului privat

Av. drd. Andrei Maxim

Limitation and nullity in administrative contracts, confronted with private law rules

Abstract

In the context where administrative contracts appear to be, in most cases, contracts specifically regulated by special laws belonging to public law (we mention here Law No. 98 and 99/2016, regarding public procurement), the extremely generous definition of the contract provided by Law No. 554/2004 allows the parties to use institutions from private law, such as public-private partnership.

In this context, there is a valid concern regarding the extent to which private law regulations find applicability in the case of administrative contracts. The analysis aims to determine whether the specific rules on prescription found in the special procedure are applicable, as such, to the aforementioned species or, on the contrary, whether the common regulation from the Civil Code...