The Moment of Contract Conclusion in Administrative Law (A Comparative Study)

Abstract

Abstract:

Administrative jurisprudence has settled that the administration's announcement of a tender is nothing but an invitation to contract. The submission of a bid by the tenderer is the positive act that must meet the acceptance of the administration for the contract to be concluded. The positive act in administrative contracts is subject to a set of formalities, without which its legal existence is not valid. Legislation specifies the form of the positive act and the timeframe within which it must be submitted. As for acceptance in administrative contracts, it is the adoption of the award decision by the tenderer by the competent administrative authority. The adoption of the award decision is a declaration of the administration's intent to conclude the contract.

Keywords: Contract Conclusion in Administrative Law, Administrative Law, Tender, Positive Act, Acceptance, Formalities, Timeframe, Award Decision.