Odnos između upravnog (javnog) prava i građanskog (privatnog) prava vs. kodifikacije građanskog prava
Relation Between Administrative (Public) Law and Civil (Private) Law vs Civil Law Codification

Author(s): Borče Davitkovski, Elena Davitkovska, Dragan Gocevski
Subject(s): Civil Law, Public Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Administrative law;Civil law;Civil law codification;Contracts;Concessions;Public procurement;Expropriation;
Summary/Abstract: In the process of codification of civil law, one must take into account bordering points where public and private law intersect. This intersecting relationship between administrative (public) law and civil (private) law is of utmost significance for any civil law codification. This paper focuses on elaborating these intersecting points in Macedonian Law. Relations between administrative and civil law appear most convergent during direct comparison of administrative relations with civil relations. This is most evident in determining the legal character of administrative contracts as a legal institute derived from public law, yet reflected directly on contract law as part of civil law (public procurement contracts, concessions, public private partnerships etc.). Administrative contracts are concluded in compliance with administrative procedure law, and potential failure to fulfill contract obligations is settled in civil litigation. Another intersecting point of the aforementioned laws is expropriation as administrative constriction of property, or procedure in which private property is transformed into public-state owned property according to administrative law.

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