At the Boundary of Legal Branches – The Correlation between Public Law and Contracts

Abstract

The classical division of law into public and private law implies that civil law, including contract law, has a special relationship with public law institutions. In recent years, this relationship has seen a process of private juridification of public law and public juridification of private law. This contribution aims to summarise the results of this process, addressing the doctrinal debate on administrative contracts. At the same time, the legitimate question arises: as a result of all these current processes, what kind of relationship have the traditiona public law institutions developed with the various types of private law contracts, and can specific interactions be detected between them? The present contribution aims to illustrate this point by comparing the mandate of the members of the parliamentary representative with the contract of mandate.