| Title |
Viešumas ir lygiateisiškumas viešosios teisės sutartyse / |
| Another Title |
Publicity and equality in public law contracts. |
| Authors |
Stonys, Arnas |
| DOI |
10.15388/Teise.2013.0.1250 |
| Full Text |
|
| Is Part of |
Teisė.. Vilnius : Vilniaus universiteto leidykla. 2013, t. 87, p. 152-166.. ISSN 1392-1274. eISSN 2424-6050 |
| Abstract [eng] |
The paper analysis contractual relations that appear in the area of public law and their relation with legal principles of equality and publicity operating in this area. Well-developed private contract law because of its orientation to the private relations allows significant compromises in the application of these principals. Meanwhile in public law, which is more orientated in to the public interests, such open principal’s application is problematic. Practical examples and theoretical models shows that impact of the principals is severely impacted by the nature of the contractual regulation itselfin public law might be identified contracts implementing general and contracts implementing individual regulation. Balance of principals in these separate regulation types faces different level of limitation: in general, when the number of individuals that are regulated by the contract increases, the intensity of principals impact also expands. Publicity and equality principals are limited by their interaction with other principals and, most important, with overall concept of the contract. The conclusion is that when implementing contractual regulation in public law, publicity and equality principals must be applied at their maximum as long as they do not deny essence and aims of the contractual regulation. |
| Published |
Vilnius : Vilniaus universiteto leidykla |
| Type |
Journal article |
| Language |
Lithuanian |
| Publication date |
2013 |
| CC license |
|
