CONCESSION CONTRACT – PUBLIC LAW CONTRACT WITH ELEMENTS OF PRIVATE (CIVIL) CONTRACT

Abstract

In modern, continental law, division of law into public and private one is generally accepted. Historical root of that division can be found in Ulpian, and its principled concept is also present in modern law systems. That also applies to domain of contract law. Thus, legal theory distinguishes public law contracts and private law contracts. Even though they have a number of elements in common, there are important differences between them and they relate to their subject, subjects, their rights, obligations etc. However, the main difference is in their cause, i.e. goal; in private law contracts, the goal is primarily the realization of certain private interests of the contracting parties, while the public, i.e. general interest is dominant in public law contracts. In this work, the author affirms thesis of a part of legal theory that concession contracts are usually latent administrative contracts and in those legal systems whose positive system does not recognize administrative contract as a separate institute. In accordance with positive law of the Republic of Srpska, concession contracts are public law contracts by their nature, but with certain elements of private (civil) contract.