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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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