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THE LEGAL NATURE OF SOVEREIGN GUARANTEES: ONE LESS ADMINISTRATIVE CONTRACT? (English version)

Author

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  • Simona GHERGHINA

    (Ph.D., Assistant, Faculty of Law, University of Bucharest)

Abstract

Public guarantees may be issued in various forms, as the applicable legal provisions are permissive enough to allow the use of private law forms of guarantees. In this context, the legal effects of public guarantees are much close to those of private law guarantees, and such similarity is also explaining their intensive use as forms of public support to economic activity. This study aims to analyse the legal nature of public guarantees on two levels: first, to determine whether public guarantees, especially those issued by public authorities, are contracts or administrative acts, concluding on their contractual nature in all cases, and, subsequently, to qualify such contract as being administrative or belonging to private law. Still, describing the public guarantee contract as a private law contract does not preclude the application of imperative public law norms concerning the issuance of the guarantee and the further action of the issuer.

Suggested Citation

  • Simona GHERGHINA, 2011. "THE LEGAL NATURE OF SOVEREIGN GUARANTEES: ONE LESS ADMINISTRATIVE CONTRACT? (English version)," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 3, pages 285-301, December.
    • Handle: RePEc:lum:rev4rl:v:3-4:y:2011:i::p:285-301
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    More about this item

    Keywords

    public guarantees; administrative contract; administrative act; administrative disputes; private law contract; legal nature;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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