Administrative contracts and private public sector contracts. Registry qualification.

Abstract

This work aims to carry out an analysis of the relationships between the public sector and individuals, in the field of contracting. Specifically, the validity of the distinction criteria between private contracts and administrative contracts, together with their reflection in current legislation. To do this, it is evaluated which entities are included within the broad concept of the public sector, which parts of the procedure are regulated by public law and which by private law. In addition, we proceed to review the doctrine of the current General Directorate of Legal Security and Public Faith regarding private contracts of the administration. Finally, the scope of qualification of the property registrar in administrative contracts is examined, starting from article 99 of the Mortgage Regulation and subsequently proceeding to apply these criteria to the contracting carried out by the public sector.