Enforcement of Administrative Contracts

Authors:

Pages: 269-284
DOI: https://doi.org/10.54664/DNZI4433

Abstract:

The signing of the administrative contract presupposes voluntary performance of the obligations assumed by it. In case of non-performance, there is coercive enforcement. This article examines the questions concerning the legal mechanisms of how this should be done; how the legislator regulates the performance of administrative contracts in the Bulgarian Code of Administrative Procedure and in special laws, and addresses the issue of jurisdiction over disputes about performance; and why the provision of Art. 128, item 3 of the Code governs requests for the performance of administrative contracts in the existence of а coercive enforcement procedure under the Code. The article justifies the assumption that, even in the field of administrative contract enforcement, the administrative authority is not an equal partner in finding solutions to satisfy the public interest, but remains a counterparty in a dominant position.

Keywords:

administrative contract; public interest; performance; coercive enforcement; guarantees; contract amendment; non-performance; liability; compensation; remedy.

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