Contratos de compraventa y arrendamiento celebrados por entidades públicas, entre el régimen público y privado

Abstract

This paper analyzes the legal implications of public regulation and the application of the rules of private law applicable to contracts of sale and lease other than property held by state entities, in order to establish whether the adaptation of administrative law to new forms engagement in pursuit of greater transparency, more openness and flexibility in public activity, it is possible to distinguish public contracts and private contracts public administration, or whether on the contrary proper interpretation and harmonization of the institutions of public and private law can lead to the contractual activity of the State meets such standards of transparency, openness and agility. The analysis throughout the eight chapters in which work is organized, conclude that a proper interpretation and harmonization of public and private law to contracts of sale and lease allows the State contracting activity has an legal and equitable application in all private and public bodies and the synallagmatic contract performance, which does not necessitate the privatization of public law to achieve adequate levels of transparency, openness and flexibility in this type of engagement.