Contractele administrative şi Codul civil. Interesul public versus interesul privat
Administrative contracts and the Civil Code. Public interest versus private interest

Summary/Abstract: In disputes concerning the conclusion, performance and termination of contracts, both the court and the arbitral tribunal must ensure respect for the principle of the priority of the public interest over the principle of freedom of contract. In order to correctly delimit the principle of priority of the public interest, it is necessary to correctly delimit the scope of administrative contracts, highlighting the particularities existing in the specific case of public procurement contracts, taking into account the need to comply with European regulations, as interpreted in the case law of the Court of Justice of the European Union.

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