Brief Considerations About “Quasi Contracts” and the Administrative Contracts in Romania

In the matter of administrative contracts, some problems arise related to what is known as "quasi contracts" in civil law, namely business management, restitution of unpaid payments and unjust enrichment. In such cases, as a rule, the corresponding provisions of the Civil Code are invoked. In administrative law, the provisions of the Civil Code regarding business management found a weak application. Instead, those regarding the restitution of the unpaid payment were constantly validated. As for unjust enrichment, this could occur when certain works were executed or services were performed based on a contract that was ultimately not concluded, that was struck by nullity, that reached its term. It was only in 1961 that its validity was recognized, qualifying it as a "general principle applicable, even in the absence of a text, in the matter of public works".