ADMINISTRATIVE CONTRACTUALITY AND QUALIFICATION OF CONTRACTS - REGIMES PUBLIC AND PRIVATE IN DIALOGUE

Abstract

Through the dialogue between Civil Law and Administrative Law, this paper proposes the use of the typological method of contract qualification to identify the legal regime for Public contracts. The legality of signing private contracts, including atypical ones, was advocated in the light of the paradigms of efficiency, procedurality and legitimacy. The agreement of exorbitant clauses must consider the transaction costs that will be properly measured and explained by public managers. This decision will not contradict imposing rules and must be analytically justified, especially if it differs from the commonly used legal or social types