وِيژگي قراردادهاي اداري

THE CHARACTERISTICS OF THE ADMINISTRATIVE CONTRACTS

In this paper I am going to discuss the characteristics of administrative contracts. These contracts are very important for the public legal persons because they are used by these persons as an instrument in order to intervene in economy. This importance is examined by the numbers of contracts that are entered into by administrative organizations and by the system of the managing, which caused some authors called them as "the organization of contract" and also representing them as a new form of management of publicʹ welfare that are on base of consenting instead of being authoritarian. The existence of public legal persons in a contract by taking advantages of public power is caused that some scholars consider these kinds of actions comparable to regulation instead of being a contract. Therefore it is required to distinguish the signs that make an administrative action as a contract and also it is required to distinguish the elements of administrative contract from other general contracts that an organization enters into with private parties. The administrative organizations employ not only the administrative contracts that are under special rules of public law but also they can use general contracts which are under the private law rules. The second group of contracts is not considered in this paper. The consideration of the characteristics of administrative contracts illustrates that they have comprised by two main elements of organization and purpose. According to organization element of an administrative contract one of the parties should be a public legal person, which have own exceptions. The purposeʹ element of an administrative contract should serve public services or have some exception clauses which are not principal in general contract law.