Works or Services Concession: Between a Civil Law Contract and a Public Law Contract

Abstract

The article discusses the legal nature of concession contracts for works or services. It draws attention to the fact that such contracts can be simultaneously described as both civil law and public law contracts, assuming that appropriate provisions are applied and the right basis is determined — a normative one or that of the science of administrative law and public economic law. These conclusions are justified by the fact of the interpenetration and mutual interaction, in the legal regulation of concession contracts, of the dominant principles of public law (equal treatment, order to protect competition) and the principles of private law (limited, but not excluded freedom of contract).