Why do we have a leaning scale? The nature of governmental decisions in the execution of public contracts

Abstract

Public contracts are different from private contracts not only due to government intervention but also because those contracts are subject to a different legal regime which grants certain powers to the State. In this scenario, it is interesting to know if the execution of those powers means that we are in front of administrative actions or contract actions. The importance of this matter is not terminological but functional, because it will allow us to know which rules are applicable: public rules or private rules.