Original scientific paper
https://doi.org/10.31141/zrpfs.2025.62.156.123
Study on Administrative Contracts and Business Acts
Jasna Omejec
; Pravni fakultet Sveučiulišta u Zagrebu
Abstract
This paper analyses the historical and legal contexts of the emergence of the French administrative
contract and the German public law contract, as well as their essential legal characteristics. They
served as models for the formation of the Croatian administrative contract. The comparative analysis
carried out in the paper shows that the Croatian administrative contract, as regulated in the General
Administrative Procedure Act from 2009, does not fulfill its conciliatory function in relation to
citizens. Moreover, today’s legal framework is set up in such a way that the administrative contract,
as a form of administrative action, proves to be redundant. The paper attempts to uncover and shed
light on the causes that resulted in such a deficient regulation of the administrative contract. It is
concluded that the causes stem from the acceptance, in the territory of today’s Croatia throughout
the 20th and 21st centuries, of the old French theory of acts of government and acts of business.
This theory originates from the 19th century and has long been abandoned in the country that
created it. The paper analyzes the theory of government acts and business acts from a historicallegal
perspective, together with the effects that business acts, in the form adopted from the law of
the former SFRY, produce in the Croatian legal system. It is concluded that they are contrary to the
Constitution of the Republic of Croatia and should be removed from the legal system. It also points
to the need for a legal redefinition of the administrative contract in conditions freed from the burden
of Yugoslav-type business acts.
Keywords
French administrative contract; German public law contract; Croatian administrative contract; business act (disposition)
Hrčak ID:
333798
URI
Publication date:
30.6.2025.
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