Contracts are legally binding between two signing parties. In some cases, rights can be transferred to third parties with respect to certain conditions, expressly and strictly mentioned in the Civil Code. The assignment is one of this type and means the transfer of rights from one person, the transferee, to another person, the transferor.It is commonly used by lawyers and legal counselors when dealing with private law issues and less when we are encountering public law relationships. Public procurement is a public field with strict rules regarding the ongoing of the public procurement procedure, the signing of the contract and the modification of the contract during its implementation. This analysis tries to seek the conditions in which the assignment is possible in public procurement law with its risks and benefits. For example, it is strongly believed that is the solution for avoiding the resolution of the contract when the winner of the contract has a subcontractor and is not paying him for his works. In essence, the conditions imposed by the Civil Code are discussed in terms of public procurement contract.
Adelina Vrancianu, University of Bucharest, Romania
Stream: Law 7. Public Law and Policy
This paper is part of the ECPEL2016 Conference Proceedings (View)
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