Specyfika umów o zamówienia publiczne

• Authors: Marczewska Joanna

Title variants

EN

Public Procurement Contracts

• Languages of publication: PL

Abstracts

EN

The article presents public procurement contracts by describing their key aspects: the form and procedure for concluding the contract and the period for which it can be concluded. The author points out that the characteristic feature of public procurement contracts is primarily the fact that they 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 is discussed, and the grounds for the nullification of the contract are analysed. It is emphasised that, as a rule, changes to the contract are prohibited and the statutory conditions for the amendment of the contract are prearranged. In addition, issues related to the invalidity of the contract are analysed. Finally, the article considers whether public procurement contracts implement the principle of contract freedom and to what restrictions they are subject under the provisions of the Polish Public Procurement Law. The study raises even the issue of whether public procurement contracts fall within the class of binding contracts.

Keywords

EN

public procurement; freedom of contracts; annulment of the contract; amendment of the public contract; adhesive contracts; contracting authority; contractor

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2019
• Issue: 6 (56)
• Pages: 30–44

Contributors

author

Marczewska Joanna