Public and Private Law Aspects of Breach of the Concession Contract in Slovenian Law

Breach of the concession contract is partly governed by the provisions from the field of concession relations and partly by the rules of the law of obligations. However, the rules of the law of obligations apply only mutatis mutandis to the extent that this corresponds to the specific public law nature of the concession contract. A concession contract is not a typical contract of private law, but rather an administrative contract that is characterised by the fact that it is concluded between unequal entities for the protection of public interest, whereby this requires a departure from certain general rules of contract law. This paper critically discusses the current regulation of breaches of the concession contract in Slovenian law from the standpoint of administrative doctrine and jurisprudence and its peculiarities in public law, and offers some proposed solutions.