| Abstract [eng] |
This master thesis analyses the topic of the delimitation of civil and administrative contracts, which is revealed by various legal acts, scientific doctrine, and case law. The first part of the work reveals the concept of a civil contract and the essential elements that are also characteristic of administrative contracts, namely the parties involved, the agreement, the form of the contract and the basis of the contract. In addition, the analysis of this master's thesis reveals the formation and peculiarities of the administrative agreement in the legal systems of France and the German Federation, which had a significant impact on the application of this agreement in Lithuania. The thesis analyses the emergence of the institute of an administrative contract in Lithuania, based on a court decision, as the Supreme Administrative Court of Lithuania, named an administrative contract for the first time in a customs guarantee case, as the parties are not equal, and the content of the contract is not determined by an agreement. Practical analysis of civil and administrative contracts leads to the conclusion that, although some contracts fall into the category of civil contracts, they nevertheless contain protection of the public interest, which leads to imperative regulation which is not inherent in private law. |
