EL ENIGMA DEL CONTRATO ADMINISTRATIVO

Authors

  • GASPAR ARIÑO ORTIZ

Keywords:

administrative contract, contract clause v. police power, rule of law v. discretion, governmental capacity v. proprietary capacity.

Abstract

This paper deals with the problem of the administrative contract, an institution very much contested in latin countries and almost unknown in the Anglo-Saxon World. The author try to explain its origin, raison d’etre and main traits in the Spanish law. Key problems to understand the public contracts are: 1) the relation, almost a contradiction, between contract and police power; 2) the different position of contracts, following the legality principle; and 3) the legal regime of private contracts that not apply against the State. To conclude, the author present pros and cons of the administrative contracts doctrine.

Published

2008-04-09

Issue

Section

STUDIES