Contracte administrative. Reglementare legală şi tipologie - Administrative Contracts. Legal Framework and Typology (Romanian Version)

There is a debate in the legal literature about the temptation to exceed the public domain, the necessary and natural tendency towards the criticism of the way of organization and functioning of the state institutions and enterprises, antithetical to the qualities of private law. Perhaps more than ever, the public-private dichotomy returns to the present day, just as trust in the rule of law, seen as an additional guarantee for citizens’ rights and freedoms, is an acute reality of the times in which we live. The problem of the demarcation line between the public and the private belongs by excellence to the field of administrative contracts in the broad sense, an institution of which it was written that “in Romanian law he had a painful birth and a troubled childhood”, either to their categorical rejection or acceptance in the narrow sense. In the interwar case-law, the court’s solutions have oscillated between borrowing the rules from private law, with the consequence of judging by analogy the administrative contracts and the use of a derogatory legal regime, but applied by the courts of common law. (The author)