Pregledni rad
https://doi.org/10.51650/ezrvs.19.1-2.3
General Legal Framework of Nullity of Administrative Contracts in the Republic of Croatia and Some Open Issues in Practice
Josip Lucijan Boban
orcid.org/0000-0003-3947-7378
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Sažetak
The author analyzes the legal framework governing the nullity of administrative contracts in the Republic of Croatia. The paper focuses on a provision of the General Administrative Procedure Act which, in regulating the subject matter and grounds for nullity of administrative contracts, refers to the reasons for nullity prescribed by the Civil Obligations Act. This raises the question of whether the legislator intended to encompass all grounds for contract invalidity set out in the law governing obligations or only those specifically pertaining to nullity. In other words, the discussion centers on whether administrative contracts can be voidable and what legal consequences arise in cases involving grounds for invalidity that would render the contract either legally nonexistent or as never having been concluded. Regarding these issues, the author argues that the legislator intended to include all grounds for contract invalidity as defined by the Civil Obligations Act. Therefore, in the absence of specific provisions in the General Administrative Procedure Act, the corresponding application of the solutions found in the Civil Obligations Act is necessary, including its provisions on the legal consequences of contract invalidity. The paper also examines the case law of the Supreme Court of the Republic of Croatia as the highest judicial authority, highlighting and critically assessing the inadequacies of the current legal framework governing the nullity of administrative contracts under the Administrative Disputes Act. In conclusion, the author proposes legislative amendments aimed at preventing practical difficulties, addressing identified legal shortcomings, and improving the Croatian legal framework.
Ključne riječi
nullity of administrative contract; General Administrative Procedure Act; Administrative Disputes Act; Civil Obligations Act; administrative dispute.
Hrčak ID:
333200
URI
Datum izdavanja:
5.7.2025.
Posjeta: 0 *