The Concession Contract
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StatusThe thesis was presented on the 10 February, 2007Approved by NCAA on the 19 April, 2007 Abstract – 0.31 Mb / in romanianThesisCZU 342.9(043.3)
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Keywords
concession contract, administrative contract, duty notebook, the concede person, the concessionaire, public authority, private law person, state and administrative public property, public and private domain goods, public department, users, public works, due, public law judicial regime, public auction, direct negotiationSummary
The PHD paper is dedicated to a key problem in general of public administration and particularly to administrative law. In this thesis is studied the concession contract as a part of the administrative contract.
The PHD paper starts by researching administrative contracts theory, that appeared in France at the end of the XIX century from judicial institutions of administrative solicitor s office, which qualified as administrative contracts only those contracts where besides the participation of one public administration is found a specific purpose – the insurance of public office functioning, in this way being submissive to public law judicial regime. As follows the whole thesis researches the concession contract starting from constant administrative contracts characteristics. In this way are presented opinions about judicial nature, it is determined the judicial regime applicable to concession contract, are established the characteristics features in order to be identified the generally existing contracts, as well as to be distinguished trough similarities and differences from other contracts.
Also, analyzing the judicial regime applicable to sign the concession contract there are made researches on concession contract parts, the validity conditions, as well as the concession procedure in order to choose the best joint person to sign the contract who will sign the contract. Presenting the aspect linked to the execution, modification and contracts’ canceling the attention is kept by putting into evidence the particularities of the concession contract as administrative contracts, and especially the concender write to control the fulfilling way by leasing person of the stipulated clauses from the contract, the write to modify unilateral the settled part of the concede contract, the write to cancel one side the contract.
In the thesis are puttied into evidence several gaps about the way of implementation the concession institution trough administrative process. In this way there should be modified law stipulation which stop using concession in practice, motivating by the fact that nowadays public services do not satisfy completely the citizens’ needs because of the precarious state and administrative units’ budget.
The closure formulates several conclusions and scientific recommendations to improve the researched field situation.
In order to realize the proposed goals, are deeply analyzed the legislation stipulations in the field, a special contribution is brought by France literature from this domain, which has reach experience concerning concession.
Paper s information is dedicated to both public administration practitioners and those who teach about administrative contracts, because concession is an efficient tool to offer public services, to use public services, as well as performing public duties.
Oficial Reviewers
- Mihail Bârgău
doctor habilitat, professor - Ala Climov
doctor, associate professor (docent)
Theses
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