Управни уговор у домаћем праву
Administrative Contract in the Legal Systems of Republic of Srpska and Bosnia and Herzegovina

Author(s): Sanja Golijanin
Subject(s): Law, Constitution, Jurisprudence, Public Administration, Public Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Administrative contract; Civil contract; Law and Administrative Procedure; Contract on public procurement; Concession Agreement;
Summary/Abstract: An administrative contract usually refers to a specific type of contract, different from civil and commercial contracts. In this paper, the author questions the existence of administrative contracts in the legal system of the Republic of Srpska and Bosnia and Herzegovina, while respecting the fact that this institute is not governed by general administrative-procedural laws at any levels of governance in Bosnia and Herzegovina. When trying to answer this question, the first step is to examine the specific rules on administrative contracts in the legislation of individual countries. The goal is to determine whether administrative contract regulated by laws on public procurement and laws on concessions have an administrative character. It seems to the author that neither the legislator nor the legal theory provides sufficient grounds for the claim that there are administrative contracts in the legal system of the Republic of Srpska and Bosnia and Herzegovina.

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