With a public contract an authority with another person, e.g. a citizen closes, a contract over a public topic. This form of the administrative action is fundamentally regulated in "§"§ 54 FF. VwVfG. Since by these regulations however only contracts of the administration, and not condition or international-law contracts are seized, it is more correct to speak from an administrative contract to.

For the action form of the contract it is crucial that both parties face each other as equal partners. Both must have the possibility of taking on contents of the contract influence. If the public right contains no special regulations in the VwVfG for it, the regulations of the BGB are used accordingly ("§ 62 P. 2 VwVfG).

In order to underline the exception character of the administrative contract, obligatorily writing is prescribed ("§ 57 VwVfG). This facilitates the demarcation to other acts of administration, in particular for the acts of administration.

Different forms are differentiated from administrative contracts. Thus between co-ordination-legal and subordinationsrechtlichen contracts one differentiates.

With first are the contracting parties on same level. They find mainly between carriers of public administration application and form legal relations, for which a act of administration will not issue could. If an administrative contract (exeptionally) with private people is closed, regularly a co-ordination-legal contract is present.

With the subordinationsrechtlichen contracts the contracting parties are in an oversubordination relationship, usually between administration and subordinated legal entity. The subordinationsrechtliche contract justifies itself on "§ 54 P. 2 VwVfG, does not have to replace however not compellingly a act of administration.

It finds a further differentiation in the law after comparison and bilateral contracts instead of ("§ 55 and/or "§ 56 VwVfG), whereby these special rules are directly applicable due to the reference to "§ 54 P. 2 VwVfG only to subordinationsrechtliche contracts.

In the case of appropriate arrangement of a public contract the advantage of a substantial procedure simplification results opposite the tough VwVfG for the authority in the case of contract offences from the contracting party.

See also

• Split Nutzungsregelung

Literature

• Common senate of the highest Courts of Justice of the federation, resolution from 10 April 1986, Az. GmS OGB 1/85, collecting main of the BSG, in: BVerwGE 74, 368 (370).

Related links

• BVerwGE 84, 236 - preventing immission control/promotion of economy development

Articles in category "Public contract"

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