Open AccessSpecyfika umów o zamówienia publiczne
Author(s) -
Joanna Marczewska
Publication year - 2020
Publication title -
forum prawnicze
Language(s) - English
Resource type - Journals
ISSN - 2081-688X
DOI - 10.32082/fp.v0i6(56).361
Subject(s) - procurement , statutory law , business , contract management , exclusion clause , freedom of contract , law and economics , law , economics , political science , marketing
The article presents the characteristics of public procurement contracts by describing key aspects: the form and procedure for concluding the contract and the period for which it can be concluded. It was pointed out that the characteristic feature of public procurement contracts is primarily the fact that the contract can only be concluded after the procedure specified in the public procurement rules has been carried out. In addition, the issue of statutory changes in the content of the public procurement contract in the light of applicable provisions was discussed, as well as the grounds for the nullity of the contract were analyzed. It was emphasized that, as a rule, changes to the contract were prohibited and the statutory conditions for the amendment of the contract were described. In addition, issues related to the invalidity of the contract were analyzed. Finally, it was considered whether public procurement contracts implement the principle of contract freedom and what restrictions they are experiencing under the provisions of the Public Procurement Law. The study raises the issue of whether public procurement contracts are in the nature of adhesive contracts.