MODIFICAREA CONTRACTULUI DE ACHIZIȚIE PUBLICĂ CU EXECUTARE CONTINUĂ
ALTERATION OF THE ON-GOING PUBLIC PROCUREMENTS CONTRACT

Summary/Abstract: Without having the purpose to perform an exhaustive analysis of the legal dispositions identified in the normative act subject to analysis, we resume to the capitalization of the law issue. which wc consider to be relevant for our study. anThe administrative contract has been defined as that "agreement of will, between a public authority, found on a ie «al superiority position, on one hancl, and by public law subjects on the other hand (iadividuals, companies or other state organs. subordinated to the other party), by which it is followed the satisfaction of a general interest, by providing public services, performing a public work or improving a public asset, subject to a public power regime.Regarding the nature of the public procurement contract as being of administrative nature, still in the doctrine, through particular features of this contract mainly it was considered the special procedure wh»ch is being realized, foreseen by the Uovernment Emergency Ordinance 36/2006, regarding public procurements, correlated to the Government Emergency Ordinance 60/2011, which regulated the competence to trial the litigations arose based on it, commissioned to the courts of administrative legal departmentd which generates divergent interpretations in practice.

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