Administrative Contract as a Special Institute of Administrative Law – Where are We Now and How to Proceed?

Even though administrative contracts are not recognised in the Slovene reg- ulatory framework, they have also appeared in this territory: firstly, only in theoretical discussions and later in courts’ case law, which identifies them by relying on legal theory that derives from the French regulation of the admin- istrative contracts. Consequently, numerous contracts can be found in the Slo- vene legal system containing elements of administrative contracts. However, due to the absence of a special public law regulation or insufficient regulation of such contracts, the rules of obligation law are applicable to them. These rules, however, are not adapted to the specifics of such contractual relations, since they do not consider the fact that in administrative contracts a public- law entity does not act only as a contracting party, but above all as a power. Therefore, the author takes the position that the institute of administrative contracts should also be regulated at our normative level.

Key words: contracts of administration, administrative contracts, distinguishing between administrative contracts and other contracts of administration, special publiclaw regime, models of administrative contracts, replacing administrative acts with an administrative contract.