UPRAVNI UGOVORI U HRVATSKOM PRAVU
ADMINISTRATIVE CONTRACTS IN CROATIAN LAW

Summary/Abstract: A significant novelty in Croatian administrative-procedural legislation is the adoption of the Law on General Administrative Procedure from 2009. This Law, as a new legal institution, introduced administrative contracts. That act specifically regulates numerous issues of administrative contracts, such as the conditions for concluding them and their subject matter, their nullity, contract modification and contract termination. Finally, the administrative protection of the parties, when a public legal body does not fulfill its contractual obligations, is also regulated. The law, however, did not provide a definition of the administrative contract, and de lege ferenda in the paper suggests that, in possible amendments to the law, that definition should be provided. By the way, bearing in mind that the regulation of administrative contracts in the Croatian legal system is modeled on French and German law, the solutions of these rights in connection with administrative contracts are briefly presented. The paper also presents one administrative contract from the special legislation of Croatia, namely the concession contract, which is regulated by the Law on Concessions. While in the past there were dilemmas as to whether the concession contract is an administrative contract, because the previous Law did not explicitly name it, now those dilemmas have been removed, because the current Law on Concessions explicitly names the concession contract as an administrative contract. The author concludes that it is a good solution.

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