Acta Universitatis Danubius. Juridica, Vol 4, No 1 (2008)

Abstract

The essential feature of the administrative contract, which is part of the concession contract, differentiates from the civil contract with at least one of the topics of administrative contract that is a physical person of public law. Thus, if the subject of civil contract can be any physical or juridical person that has full the capacity to exercise, then, in the case of the administrative contract, at least one subject must have the special “quality”, namely to be a public authority or a moral person of public law. If one of the contracting parties is a public figure and the other is a person of private law, the contract may be administrative. “This condition is necessary, but not sufficient”. By the definition given to concession in article 1 line 1 of the Law on concessions, the legislator determines not only the name of the contracting parties, which formed the juridical report (the conceded, the concessionaire) but also the subject concession contract, which makes it different from other administrative contracts. Moreover, in the article 4 of the cited law, it is determined the scope of the public authorities, juridical persons of public law that may have the quality of conceded, while article 5 provides the scope of persons who may have the quality of concessionaire.