Administrative Law and Private Law: New Trends of An Old Issue

By Marco D'Alberti


The article deals with the increasing application of private law to administrative
action. It stresses some cases where administrative decisions are
replaced by contracts, agreements, or private unilateral acts; and highlights
that general legal principles stemming from private law roots, such as good
faith and fairness, are acquiring a primary role in administrative law. The
conclusion emphasizes that private law instruments are fully suitable for
pursuing public interests.