Klauzula rebus sic stantibus w prawie zamówień publicznych a problematyka stosowania kar umownych
The rebus sic stantibus clause in public procurement law and the issue of the use of contractual penalties

Summary/Abstract: Investments in urban construction and road construction are mainly implemented under the law of public procurement law. The liability for breach of the public procurement procedure is based on the provisions of the law on public finance, tax law or even penal law. The basic problematic issue is determining why there is a strong contractual rigor in the execution of public contracts, and for what reasons the parties cannot be able to change the content of the contract? Consequently, there is another legal problem, is it possible to apply the clause rebus sic stantibus in public procurement law and to what extent? The subject of the analysis of this article was the results of the inspection of the Supreme Chamber of Control in the field of construction of road infrastructure in the years 2010–2016 and case law concerning the amendment of the contents of the contract concluded as a consequence of the application of the law on public procurement law.

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