Administrative Contract. Comparative Studies on Public Contract: Madagascar and China

17 Pages Posted: 12 May 2018

See all articles by Andriamirado Rakoto

Andriamirado Rakoto

Shanghai University of Finance and Economics - School of Law; Wuhan University, School of Law, Research Institute of Environmental Law, Students

Date Written: April 30, 2018

Abstract

The administrative contract is above all a civil law concept. According to the Chinese contract law, the contract means an agreement on the establishment, alteration or termination of a civil right-obligation relationship between natural persons, legal persons or other organisations as subjects with equal status. However, the fact that one the party is a public organ and has state prerogative, the contract is under a specific regime called “administrative contract”. This article provides an overview of the application of this kind of contract in two countries: Madagascar and China.

Keywords: Administrative Contract, State Prerogatives, General Interests, Civil Law

JEL Classification: K33

Suggested Citation

Rakoto, Andriamirado, Administrative Contract. Comparative Studies on Public Contract: Madagascar and China (April 30, 2018). Available at SSRN: https://ssrn.com/abstract=3170833 or http://dx.doi.org/10.2139/ssrn.3170833

Andriamirado Rakoto (Contact Author)

Shanghai University of Finance and Economics - School of Law ( email )

777 Guoding Road
Shanghai, 200433
China

Wuhan University, School of Law, Research Institute of Environmental Law, Students ( email )

China

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
147
Abstract Views
644
Rank
358,685
PlumX Metrics