Administrative Contracts in Serbian Law - Specificities of the New Statutory Regime
Само за регистроване кориснике
2020
Чланак у часопису (Објављена верзија)
Метаподаци
Приказ свих података о документуАпстракт
The subject of this paper is the special legal regime for administrative contracts under the recently enacted Serbian Law on General Administrative Procedure of 2016. We offer a comprehensive analysis of the new statutory rules, and examine their relationship to the general rules and principles of Serbian contract law. In addition, we identify the main shortcomings of the new regime, especially in the context of the lack of any statutory, scholarly and judicial typology of administrative contracts in Serbia. Furthermore, we highlight the lack of references to the notions of public interest, public purpose or public needs in the statutory definition of administrative contracts. This is cause for concern, since only the need to protect the public interest could justify the new statutory provisions, which significantly improve the contractual position of a public body as a contracting party in relation to the position of a private entity as the other party in administrative contracts. The...re is as yet no case law pertaining to administrative contracts in Serbia. This is why we turn to practical experience in the Croatian legal system, which is sufficiently similar and historically connected to Serbia via a shared Yugoslav heritage. We also consider German and French legal models, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers.
Кључне речи:
Serbian Law on General Administrative Procedure of 2016 / public interest / general contract law / administrative contractИзвор:
Review of Central and East European Law, 2020, 45, 1, 1-35Издавач:
- Martinus Nijhoff Publ, Leiden
DOI: 10.1163/15730352-04404005
ISSN: 0925-9880
WoS: 000521039800001
Scopus: 2-s2.0-85083107557
Институција/група
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Karanikić-Mirić, Marija AU - Jevremović-Petrović, Tatjana PY - 2020 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1177 AB - The subject of this paper is the special legal regime for administrative contracts under the recently enacted Serbian Law on General Administrative Procedure of 2016. We offer a comprehensive analysis of the new statutory rules, and examine their relationship to the general rules and principles of Serbian contract law. In addition, we identify the main shortcomings of the new regime, especially in the context of the lack of any statutory, scholarly and judicial typology of administrative contracts in Serbia. Furthermore, we highlight the lack of references to the notions of public interest, public purpose or public needs in the statutory definition of administrative contracts. This is cause for concern, since only the need to protect the public interest could justify the new statutory provisions, which significantly improve the contractual position of a public body as a contracting party in relation to the position of a private entity as the other party in administrative contracts. There is as yet no case law pertaining to administrative contracts in Serbia. This is why we turn to practical experience in the Croatian legal system, which is sufficiently similar and historically connected to Serbia via a shared Yugoslav heritage. We also consider German and French legal models, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers. PB - Martinus Nijhoff Publ, Leiden T2 - Review of Central and East European Law T1 - Administrative Contracts in Serbian Law - Specificities of the New Statutory Regime EP - 35 IS - 1 SP - 1 VL - 45 DO - 10.1163/15730352-04404005 UR - conv_3084 ER -
@article{ author = "Karanikić-Mirić, Marija and Jevremović-Petrović, Tatjana", year = "2020", abstract = "The subject of this paper is the special legal regime for administrative contracts under the recently enacted Serbian Law on General Administrative Procedure of 2016. We offer a comprehensive analysis of the new statutory rules, and examine their relationship to the general rules and principles of Serbian contract law. In addition, we identify the main shortcomings of the new regime, especially in the context of the lack of any statutory, scholarly and judicial typology of administrative contracts in Serbia. Furthermore, we highlight the lack of references to the notions of public interest, public purpose or public needs in the statutory definition of administrative contracts. This is cause for concern, since only the need to protect the public interest could justify the new statutory provisions, which significantly improve the contractual position of a public body as a contracting party in relation to the position of a private entity as the other party in administrative contracts. There is as yet no case law pertaining to administrative contracts in Serbia. This is why we turn to practical experience in the Croatian legal system, which is sufficiently similar and historically connected to Serbia via a shared Yugoslav heritage. We also consider German and French legal models, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers.", publisher = "Martinus Nijhoff Publ, Leiden", journal = "Review of Central and East European Law", title = "Administrative Contracts in Serbian Law - Specificities of the New Statutory Regime", pages = "35-1", number = "1", volume = "45", doi = "10.1163/15730352-04404005", url = "conv_3084" }
Karanikić-Mirić, M.,& Jevremović-Petrović, T.. (2020). Administrative Contracts in Serbian Law - Specificities of the New Statutory Regime. in Review of Central and East European Law Martinus Nijhoff Publ, Leiden., 45(1), 1-35. https://doi.org/10.1163/15730352-04404005 conv_3084
Karanikić-Mirić M, Jevremović-Petrović T. Administrative Contracts in Serbian Law - Specificities of the New Statutory Regime. in Review of Central and East European Law. 2020;45(1):1-35. doi:10.1163/15730352-04404005 conv_3084 .
Karanikić-Mirić, Marija, Jevremović-Petrović, Tatjana, "Administrative Contracts in Serbian Law - Specificities of the New Statutory Regime" in Review of Central and East European Law, 45, no. 1 (2020):1-35, https://doi.org/10.1163/15730352-04404005 ., conv_3084 .