MVV362K Public Law Contracts

Faculty of Law
Spring 2023
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
as. Katja Štemberger, mag. prava (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Guaranteed by
prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV362K/01: Mon 24. 4. 8:00–9:40 038, 10:00–11:40 038, Wed 26. 4. 8:00–9:40 041, Fri 28. 4. 8:00–9:40 041, 10:00–11:40 041
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 13/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 80 fields of study the course is directly associated with, display
Course objectives
The course will provide theoretical knowledge of public law contracts with an emphasis on public law contracts in Slovenian law. The specific aim is to raise students' awareness of the importance of the issues at stake and to arouse their interest by discussing the fundamental problems caused by the dual (mixed) nature of public law contracts. The knowledge acquired is substantively linked to different areas of law: contract law, administrative procedural law and European law.
Learning outcomes
At the end of the course, students should be able to:
1. understand the differences between public law contracts and private law contracts;
2. distinguish between administrative contracts and administrative acts;
3. explain the differences between public law contracts in Slovenian and Czech law;
4. discuss the reasons for the special regulation of public law contracts;
5. identify public law contracts and apply theoretical knowledge to practical cases relating to public law contracts;
6. interpret the provisions of the law of obligations in accordance with the specific legal nature of public law contracts.
Syllabus
  • The course will consist of three parts. The first part will first present the theoretical background of public law contracts, focusing on their distinction from private law contracts and administrative acts, including from a comparative law perspective. The second part will focus on public law contracts in Slovenian administrative doctrine and case law. It will introduce the criteria for the identification of administrative contracts, the legal regime of administrative contracts, typical public law contracts in the Slovenian legal system, and the differences with Czech law. The third part will deal with the legal regulation of administrative contracts in Slovenian law, in particular in the field of concession relations.
  • Outline:
  • 1. Introduction to public law contracts: definition of public law contract; differences between public law and private law contracts; relationship between public law contracts and administrative acts; relationship between public law contracts and public contracts (public concessions, public procurement); legal systems of public law contracts in comparative law.
  • 2. Public law contracts in Slovenian and Czech law: development of public law contracts in Slovenian law; criteria for identifying public law contracts; typical administrative contracts in Slovenian law; legal regime of public law contracts in Slovenian law; differences between public law contracts in Slovenian and Czech law.
  • 3. Conclusion of public law contracts: authority to conclude public law contracts; form of contract; contract conclusion process (public tender, administrative procedure); consequences of violations.
  • 4. Execution and termination of public law contracts: modification of the contract in the public interest; changed circumstances in public law contracts; the right to financial equilibrium; public and private law forms of termination of a public law contract.
  • 5. Legal protection of public law contracts: administrative control; judicial control; arbitration.
Teaching methods
Lecture, discussion, case study.
Assessment methods
A written exam during the final part, which will consist of solving practical cases and short answer questions.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
Teacher's information
Literature

K. Štemberger: Legal Dilemmas in the Field of Granting Concessions in Slovenian Law and Some Solutions in Comparative Law, Croatian and Comparative Public Law Administration, 2022, Vol. 22, No. 1, pp. 37-66. https://doi.org/10.31297/hkju.22.1.5.

K. Štemberger, M. Daleen: Contractual relations of public law entities in the Slovenian and South African legal orders, Universality of the rule of law: Slovenian and South African perspectives (pp. 251-280), Cape Town, Sun Press, 2021.

K. Štemberger: Public and Private Law Aspects of Breach of the Concession Contract in Slovenian Law (working text).

K. Štemberger: Legal Protection of Concession Contracts in Slovenian and Comparative Law (working text).

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  • Permalink: https://is.muni.cz/course/law/spring2023/MVV362K