A Type of Contract on the Border of Administrative Law and Civil Law. The Administrative Agreement As a Specific Contract, With Particular Regard to the Authorithy Contract in the Domestic Law. Aspects of Sustainability and Resilience

Abstract

The administrative agreement (hun. hatósági szerződés - literally means ’authority contract’) is a new phenomenon in Hungarian law. with no foreign precedent. This study clarifies the intellectual background of this type of contract, with special regards to the basis of legal doctrines (Rechtsdogmatik), French theory of service public, and German theory of Daseinsvorsorge. The paper presents the different elements of the agreement (contract). Nowadays, sustainability appears as a new paradigm in jurisprudence as well. Property and contracts are the unifying force of the State. Our work analyses the connections between living law (ius vigens), and the questions of sustainability and resilience.