| Abstract [eng] |
In this dissertation the contractual legal status of public administrative body is researched, analyzing, whether in the system of law this body, as a party to the contract, can be reasonably considered as the public administrative authority, and what is the relevance of functional elements, such as the implementation of public interest or the State’s functions, to the definition of its contractual status. In the first part the administrative and the civil legal personality of this body are presented, revealing and determining the main elements and the legal principles which can be reasonably attributed to its contractual status. In the second part the principles for the delimitation of public and private status in the international legal systems (private international law and the European Union competition law) are analyzed, searching of the limits, in which the public body is considered to be acting on the grounds of the public authority (acta iure imperii). Further in this part the perception of the public administrative body’s status in the doctrine of administrative contract is researched, assessing whether it is reasonable to attribute the prerogative powers to its contractual status. In the third part the thorough investigation of the Lithuania’s positive and case law, concerning the contracts and the contractual status of the public administrative bodies is carried out, focusing on the rationality of jurisprudential reasoning, by which some specific contracts are excluded from the sphere of civil law, the legal regulation and judicial interpretation of the said bodies’ contractual rights and freedoms, revealing the problems in the legal assessment of contracts, occurring due to unreasonable interpretation of the contractual legal status of these bodies. |
