Suchergebnisse

The continuous development in the field of communications and information technology has led to the emergence of a new type of contract, electronic contracts. This development was reflected in the management activity, which led to the presentation of the electronic administrative contract and the consequent issue of proving this contract to the judiciary. This study aimed to clarify the legal system to prove the electronic administrative contract, which required the division of this study into two subjects, so that we dealt in the first section electronic writing and its argument in proving the electronic administrative contract. The second section was devoted to the electronic signature and its argument in the electronic contract. This study concluded with a number of conclusions and recommendations, the most important of which is that the Jordanian legislator did not establish a special organization to prove the administrative contract. Therefore, we wish our Jordanian legislator to set up a special regulation showing the rules of proving the administrative contract.

In Albania the issue of conflict of interest is present at today's public debate, as in many other countries. Due to this phenomenon, public funds, state property, public service, etc., are at risk at any time, and therefore there is obligation of the state to establish the appropriate legal instruments to prevent such situations. In principle, while exercising official duties and functions, the elected person or the public official should not be influenced by personal interests. In this sense, through actions, inactions or decisions, they cannot gain benefits or advantages for themselves, their family members, relatives or other persons, in case they share economic or political interests with them. In Albania, the domestic legislation provides restrictions and prohibitions for several private interests of the officials exercising public functions, depending on their functions, responsibilities and competencies in public decision-making. Also, the law provides specific prohibitions and restrictions in cases of entering into administrative contracts, considering a contract as a special public decision, which is vulnerable to be damaged by the action of officials' private interests. This paper aims to make an analysis of the legislation in terms of restrictions of private interests of public officials to prevent specific cases of conflict of interest while concluding administrative contracts. Also, the paper leads to conclusions on how conflict of interest is related to other criminal offences like abuse of office, corruption or violation of equality of participants in public tenders or auctions etc.

The institute of administrative contract was mentioned for the first time in the legislation of our country in the Preliminary Draft to the Law on Amandments of the Law on Administrative Procedure of Bosnia and Herzegovina from 2012. Although insufficiently, the first step is made towards fullfillment of the reform requirements in the area of admisitrative procedure on the way to the European integration and in accordance with the changed role of administration and the need for improvement of cooperation between the administration and citizens, or legal entities. In Bosnia and Herzegovina there is still no general legal regulation of administrative contracts, but administrative contracts are subjects to specific laws and as such already exist in the legal system. After some introductory remarks, the paper deals with the concept and characteristics of administrative contracts, and also presents legal regulation of administrative contracts highlighting their specificities and differences in relation to private law contracts. The importance of general legal norm governing administrative contracts is especially emphasized, as well as their importance for reform processes in our country. Accordingly, the importance of introducing a complaint as a legal remedy that a client can use if the public authority fails to meet contractual obligations is pointed out, but also the possibility of judicial protection in case of legal dispute.

translated by Annemarie Thatcher ; German legal literature on cooperation between the state and private persons in the 18th and early 19th centuries dealt almost exclusively with the legal form of government service. It is possible to observe that contractual agreements between the state and private persons in general and contractual agreements with civil servants in particular were accepted into neither of the self-differentiating realms of public and private law, as both categories of law, like the public and private spheres themselves, typically demonstrated a deep separation in continental Europe. This can be seen in Germany through the evolution of state and legal theories, particularly in the works of Justi, then Gönner, through to Hegel and numerous other legal theorists of the 19th century. Die deutsche rechtswissenschaftliche Literatur des 18. Jahrhunderts und des frühen 19. Jahrhunderts zur Kooperation zwischen Staat und Privaten befasst sich fast ausschliesslich mit der Rechtsform des Staatsdienstes. Dabei ist zu beobachten, wie der Vertrag zwischen Staat und Privaten im Allgemeinen und der Vertrag mit Staatsdienern im Speziellen mit der sich vertiefenden und für den kontinentalen Raum so typischen Trennung von öffentlich und privat respektive öffentlichem Recht und Privatrecht zwischen Stuhl und Bank geriet, d. h. weder im einen noch im anderen sich ausdifferenzierenden Rechtsbereich Aufnahme fand. Für Deutschland lässt sich dies anhand der Evolution der Staatsund Rechtstheorien nachvollziehen – insbesondere von Justi über Gönner zu Hegel und zahlreichen anderen Rechtswissenschaftlern des 19. Jahrhunderts.