O Carácter Excepcional do Acto Administrativo Contratual - No Código dos Contratos Públicos

BOOKS AND ACADEMIC ARTICLES 2012 Almedina

This work, regarding the exceptional character of the administrative contractual act in the Portuguese Public Procurement Code, is a legal analysis of one of the most innovative provisions of the Public Procurement Code. Said provision states that, albeit in expressly exceptional terms, the public contractor may carry out administrative acts against its co-contractor during the implementation of administrative contracts, which translates into a position of superiority and therefore jars with the common framework of contractual parity.

The aim of the work is to analyse the exact scope of the administrative contractual act as an exception. It tries to assess to what extent the exceptionality of the formal legislative pronouncement translates into a real exceptionality by constructing some hypothetical scenarios and by testing some real cases that present the most doubts.