Article language: Azerbaijani.
Abstract
Although the concept of an administrative contract was shaped within modern legal systems, particularly under the influence of French law, this institution is regulated differently across various jurisdictions. This divergence can be explained by the historical roots of the contract institution in civil law. In Azerbaijani legislation, however, since the administrative contract is not established as a separate legal category, these differing international approaches lead to ongoing debates regarding its legal nature and scope of application within the national context.
This article analyzes the concept, characteristic features, and legal nature of administrative contracts based on the legislation and doctrinal approaches of different countries. It compares administrative contracts with administrative acts and civil law contracts, and examines issues such as judicial jurisdiction, the choice of appropriate claims, and the protection of third-party rights. As a result, normative and institutional proposals are put forward to develop a legal framework for administrative contracts.
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Azərbaycanca