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45 Rev. Cent. & E. Eur. L. 1 (2020)

handle is hein.journals/rsl45 and id is 1 raw text is: REVIEW OF CENTRAL AND EAST EUROPEAN LAW - ReViewO - Cenirel and East European BRILL 45 (2020) 1-35 ____ Eas N IJ H O F F brillcom/rela Administrative Contracts in Serbian Law - Specificities of the New Statutory Regime Marja Karaniki Miri Faculty of Law, University of Belgrade, Belgrade, Serbia marma@ius.bg.ac.rs TajanaJevremovit Petrovid Faculty of Law, University of Belgrade, Belgrade, Serbia tatjana.jp@ius.bg.ac.rs 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 relation- ship 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. Fur- thermore, 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 Ser- bia via a shared Yugoslav heritage. We also consider German and French legal mod- els, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers. Keywords administrative contract - Serbian Law on General Administrative Procedure of 2016 - public interest - general contract law © KONINKLIJKE BRILL NV, LEIDEN, 2019 1 DOI:10.1163/15730352-04404005

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