Administrative Contract. Comparative Studies on Public Contract: Madagascar and China

Abstract

The administrative contract is above all a civil law concept. According to the Chinese contract law, the contract means an agreement on the establishment, alteration or termination of a civil right-obligation relationship between natural persons, legal persons or other organisations as subjects with equal status. However, the fact that one the party is a public organ and has state prerogative, the contract is under a specific regime called “administrative contract”. This article provides an overview of the application of this kind of contract in two countries: Madagascar and China.