ABSTRACT

This chapter focuses on the concept of “contract” and discusses the concept of “contracting”. The contract was originally conceived as a mechanism to secure commercial exchanges of goods. A relational contract is therefore a negotiated agreement between parties, generally belonging to the public sector, which clarifies each party’s role in a common enterprise or action. The relational contract forces a certain degree of co-operation to emerge between the actors. When considering the dimension, it is useful to evoke the notion of partnership, which normally suggests the idea of collaboration or cooperation. “Strategic contracting” and “contractual approach” follow thus the same rationale; simply, the emphasis on strategy is most probably stronger than a mere “approach” which is more neutral. The literature on the concept of contract is very rich; different disciplines contribute from their specific points of view to the literature - law, economics, sociology.