The association of legal entities in public procurement contracts. Impediments and solutions identified for the completion of a works contract Cover Image
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Asocierea persoanelor juridice în contractele de achiziții publice. Impedimente și soluții identificate în vederea finalizării unui contract de lucrări
The association of legal entities in public procurement contracts. Impediments and solutions identified for the completion of a works contract

Author(s): Ionel Didea, Diana Maria Ilie, Maria-Mădălina Georgescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: association agreement; solidarity; joint tender; contracting authority; expanding the contractual term; insolvency; pre-insolvency;

Summary/Abstract: The desideratum of a complex and interdisciplinary analysis of the public procurement procedures in the current context of the development the European single market led to special attention paid to the “service provider”, the “product supplier” and the “contractor” as parties of public procurement contracts awarded by contracting authorities. Through the analysis of the case, which is real and complex, the highlight is aimed at the difficult course of the completion of a works public procurement contract and the worrying reality faced by a contracting authority in implementing such a contract, in such an unstable economic context, in which insolvency leaves “collateral” victims, in high-pressure situations that most of the times do not have a legal solution basis, the legislation leaving room for interpretation. Currently, works contracts subject to the precious legislation are still being completed, such legislation being rather incomplete in terms of the possibility to amend contractual clauses, which situation is also faced by the contracting authority in the case analysed in this study.

  • Issue Year: 2019
  • Issue No: 02
  • Page Range: 88-95
  • Page Count: 8
  • Language: Romanian