As opposed to civil law, where contracts are generally formed simply through offer and acceptance, in public procurement law the contract is the result of a complex procedure with rules and terms strictly established by national and European legislation.In civil law, for a promise to become an enforceable contract, parties must agree on the essential terms of the contract, such as price and subject matter. Also, the manifestation of the will may be expressed in either oral or written words (expressed contract) or by conduct or some combination of conduct and word (implied contract). With regard to these aspects, the public procurement contract is defined as a written contract, incompatible with a conduct manifestation.In practice, it is important to distinguish between the many and interesting differences regarding the two types of contracts due to the legal consequences of each contract. There are variations for each period of the contract: formation, implementations and breach of the contract.The analysis shall try to underline the specificities of a public procurement contract in regard with the general theory of contract formation. The scope of the study is to help the practitioners understand the elements of the public procurement contract and the possible consequences of their actions in the three periods mentioned above.
Vrancianu Adelina, University of Bucharest, Romania
Stream: Legal Studies
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