ADMINISTRATIVE CONTRACT IN GERMAN AND SERBIAN LAW

Abstract

In administrative practice, primarily our national one, administrative bodies perform their activities through authoritative and non-authoritative activities, acts and measures. Of the nonauthoritative activities, the activity is most often carried out through the adoption of administrative regulations and administrative acts, and more recently, administrative contracts. Although the largest number and scope of administrative legal relations, i.e. administrative matters are decided on the basis of a unilateral decision of the competent authority, in the form of an administrative act-decision, in foreign legal systems, and recently in our domestic one, the administrative-legal relationship can be based on a unilateral or bilateral administrative contract. This type of administrative legal relationship is created by the agreement of the will of the contracting parties by which they define and accept mutual rights and obligations. Theoreticians of administrative law have been dealing with the concept of administrative contract for a long time, while their recognition in practice was mainly reduced to "formal recognition by the courts", and in comparative law also in special material laws and laws on general administrative procedure. Initially, the administrative contract was created and developed in French legal theory, regulation and practice. However, very soon this legal work was accepted in the legislation of other European countries, first of all in FR Germany. In the Republic of Serbia, the institute of administrative contracts was legally regulated for the first time in 2016.