Съществена непредвидима промяна в обстоятелствата и отражението ѝ върху договор за обществена поръчка
Significant unforeseeable change in circumstances and its impact on a public procurement contract

Author(s): Zahary Tormanov
Subject(s): Law, Constitution, Jurisprudence, Commercial Law, Administrative Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: public procurement contract; change of circumstances; business frustration; modification to a public contract
Summary/Abstract: The report examines some of the legislative possibilities for modification to a public procurement contract. The actual composition of a change to a public procurement contract in the hypothesis of Art. Art. 116, para. 1, item 3 of the Public Procurement Act and the factual composition of business frustration under Art. 307 of the Commercial Law are briefly analyzed and compared. The author comes to the conclusion that in the event of a significant change in circumstances after the conclusion of a public procurement contract, which change leads to the occurrence of a subsequent exceptional burden of the due performance (non-equivalence of counter-performances) and if the preservation of the public procurement contract in an unchanged state contradicts justice and good faith, it can be applied the institution of business frustration, regulated in the commercial law.

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