Sutartis kaip viešojo administravimo subjektų teisinės veiklos Lietuvoje forma: probleminiai aspektai.
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In the field of comparative administrative law scientists pay increasingly more attention to the applicability of contracts as this phenomenon is rapidly evolving. The approaches to the contracts made by public administrative subjects differ depending on the country; however, in continental law such contracts are commonly divided into private contracts and administrative (public) contracts. The author of this article discusses such questions as to what legal tradition the Lithuanian law can be ascribed and whether the institute of administrative contract can be successfully applied in the Lithuanian legal system. The author pays special attention to the fact that the administrative law of Lithuania lags behind other countries as research into the contract as a form of the legal practice of administrative subjects is insufficient and rather fragmentary. The following conclusion is made: in the administrative law of Lithuania there is no tradition to recognize the contract as an institute of administrative law, though a tendency to acknowledge the existence of the administrative contract de facto in the doctrine and jurisprudence is observable. According to the author, the existence of the administrative contract in Lithuania is more likely to be only a presumption based on fragmentary examples of the identification of the contracts in comparative law with the contracts in the Lithuanian law. However, the common theory of administrative contract has not yet been formed. The author claims that the practice of determining the legal origin of contracts made by administrative subjects based only on several casuistical examples of comparative law cannot methodologically be justified. The completion of the reform of civil law in Lithuania has led to the formation of the currently existing concept of administrative contracts. Therefore, the legal origin of contracts made by administrative subjects can be determined only by analyzing them in relation with the common tradition of private contract law in Lithuania. The experience of comparative law could be used to specify and characterize the criteria which determine the administrative (legal public) origin of the contract. Nevertheless, all the criteria drawn from comparative law have to be analyzed in relation to the common tradition of contract law in Lithuania. This would allow to form the tools for the determination of the kind of the system of administrative contracts that is being built in Lithuania.
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