论行政契约的生效要件

于行政主体而言,行政契约既是契约,也是行政行为。为此,行政契约的生效,高于私法契约生效要件之要求,不仅应具备行政主体符合缔约权限、相对人具有行政契约所需之缔约能力、双方意思表示真实、契约形式书面化等一般要件,还需符合参与保留、第三人同意等特殊要求。

Conditions of effectuation of administrative contract

To administrative subjects,administrative contracts are both contracts and administrative activities.Therefore,the effectuation of administrative contracts requires more than effectuation of contracts in private law in terms of conditions.Administrative subjects should meet the authority requirements for concluding contracts,the other party should have capacity for concluding administrative contracts,meanings expressed by both parties should be true and form of contracts should be written.Besides these gene...