Pravna priroda ugovora o javnoj nabavi u hrvatskom pravnom poretku
Legal nature of the public procurement contract in the Croatian legal order

Summary/Abstract: In this paper the public procurement contract in Croatian legal order is analyzed. In the first part of the paper I analyzed the provisions of public procurement regulatory framework of the European Union which define the public procurement contract, and the regulation of this institute in two comparative legal orders: German and French. In the second part of the paper the historical regulation of the public procurement contract in the Croatian legal order is given, as are the prevailing theoretical understandings on its legal nature. In the final part of the paper the regulation of the public procurement contract according to the new Public Procurement Act is given, the basic determinants of this contract with the determinants of an administrative contract according to the General Administrative Procedure Act are compared and the answer on the question whether the public procurement contract is a administrative contract or a civil law contract is given.

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