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Modification of a Public Contract
Kollmann, Jáchym ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
53 Modification of a Public Contract Abstract The thesis deals with the institute of changing a public contract as a result of unforeseen circumstances. The thesis is divided into several chapters and subchapters. The first chapter of this thesis is its general part. This chapter is devoted to the institute of the amendment of a public contract obligation in the context of its inclusion in the legal system of the Czech Republic. In particular, the chapter concerns the specificities of the regime of Act No. 134/2016 Coll., on public procurement, as amended (hereinafter referred to as the "PPA") as compared to the regime of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), which are justified by the specific purpose of the PPA and its principles. The second, crucial, chapter of the thesis focuses on the very institute of changing the obligation under a public contract as a result of unforeseen circumstances pursuant to Section 222 (6) of the PPA. This chapter is subsequently divided into subchapters, which consist of the individual conditions that must be fulfilled in order to amend a contract pursuant to Section 222 (6) of the PPA. The last subchapter deals with the analysis of the relationship of the provision in question of the PPA to the provisions of the Civil...
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Amendment of public contract
Milev, Ivan ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Modification of a Public Contract Abstract The objective of this diploma thesis is to comprehensively analyze the regulations pertaining to modifications of a public contract, i.e. the obligation of the public contract according to the Public Procurement Act No. 134/2016 Coll. and according to European law, as well as to place it into the wider context of contract law according to Act No. 89/2012 Coll., The Civil Code. Furthermore, the aim of the thesis is to point out certain issues with the interpretation of the current legislation, as well as its shortcomings which have an effect on its applicability. The thesis is divided into five chapters. In the first chapter, general private law terminology is introduced － the obligation and the contract － which is then placed into the context of public procurement in the second chapter. The third chapter covers the main subject of this thesis, i.e. it outlines the purpose, history, context and structure of the current legislation and also presents the problem of placing the legislation of public contract modification into general civil legislation, all while respecting the autonomy originating from European law, which unavoidably creates conflicts which the author points out. In the fourth chapter, individual rules for determining substantial and non-substantial...
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Amendment of public contract
Dobr, Daniel ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
Amendment of public contract Abstract Amendment of public contract is a small but important part of all public procurement regulation, which, among other things, helps to spend public funds efficiently, prevents corruption, ensures transparency and equal treatment of suppliers and enables contracting authorities to respond to circumstances requiring a change in their contractual relations with suppliers without increased time or administrative demands. The first part of this thesis describes the basic concepts important for understanding the legal regulation of amendment of public contract and outlines the historical development of this area, both at the European and national level. In the following, and at the same time crucial, part, the thesis analyzes in detail the effective legal regulation of amendment of public contract. In this analysis, considerable emphasis is placed on the case-law of the Office for the Protection of Competition, domestic courts and the Court of Justice of the European Union, which is tremendously important for the interpretation of individual legal rules. The thesis also tries to provide specific examples of permitted and prohibited amendments from the case-law of the mentioned bodies. The thesis also deals with individual deviations of the legal regulation of sectoral public...
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Modification of a Public Contract
Chlupáč, Martin ; Horáček, Tomáš (referee)
Modification of a Public Contract This thesis deals with the regulation of modifications made to public contracts during their term. Its aim is to critically analyse the legal regime for modifying public contracts in light of the law of the European Union (especially Directive 2014/24/EU on public procurement) and of the Czech Republic (The Public Procurement Act No. 134/2016 Coll.). The thesis consists of three chapters. The first chapter focuses on the development of the regulation on public contract modifications from the view of both the EU and Czech prospective, and emphasizes the importance of the so called Pressetext judgment issued by the Court of Justice of the European Union. The second chapter represents the most important part of the thesis, inasmuch as it critically analyses the applicable law. It is divided into two parts. The first one contains an analysis of substantial modifications to public contracts in light of the related case law. In the second part of this chapter, I try to pinpoint interpretation problems that are connected with the new provisions which define situations, in which the modification is to be regarded as non-substantial, and therefore does not trigger the need to commence a new public procurement procedure. The third chapter provides an outlook on how two other...
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Modification of a Public Contract
Chlupáč, Martin ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
Modification of a Public Contract This thesis deals with the regulation of modifications made to public contracts during their term. Its aim is to critically analyse the legal regime for modifying public contracts in light of the law of the European Union (especially Directive 2014/24/EU on public procurement) and of the Czech Republic (The Public Procurement Act No. 134/2016 Coll.). The thesis consists of three chapters. The first chapter focuses on the development of the regulation on public contract modifications from the view of both the EU and Czech prospective, and emphasizes the importance of the so called Pressetext judgment issued by the Court of Justice of the European Union. The second chapter represents the most important part of the thesis, inasmuch as it critically analyses the applicable law. It is divided into two parts. The first one contains an analysis of substantial modifications to public contracts in light of the related case law. In the second part of this chapter, I try to pinpoint interpretation problems that are connected with the new provisions which define situations, in which the modification is to be regarded as non-substantial, and therefore does not trigger the need to commence a new public procurement procedure. The third chapter provides an outlook on how two other...
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The process of contracting and change of public procurement contract
Kubeš, Jiří ; Eichlerová, Kateřina (advisor) ; Horáček, Tomáš (referee)
79 Abstract The method of entering into a contract in public tenders according to Act. No. 134/2016 Coll. is a civil contractual process with a high degree of formalization and legal regulation. This makes it different from the general contractual process in civil law. The first chapter of this thesis is devoted to the analysis of public tenders in terms of setting up the legal framework. It goes into a conclusion that contractual process in public tender is part of the civil law with the subsidiary use of civil law rules, especially the Civil Code. The second chapter deals with a contractual process in a public tender itself. The process is divided into two phases - a precontractual phase and contractual phase. The precontractual phase includes procedures of the public tender that determine the clarification of content of the contract and the range of contractors. The contractual phase contains mainly the actual entering into a contract with successful tenderer. The chapter describes the specificity of the contractual process in a public tender since the announcement of the tender up to the actual entering into a contract. These specificities are introduced in relation to the open procedure being used in upper-tier mode. At the end of the chapter, there is a comparison with other types of proceedings and...
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Concluding a contract resulting from public tender
Pabišta, Karel ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
This thesis aims to discuss the process of concluding contracts resulting from public tender, and its comparison with the draft law on procurement procedures approved by the Czech government. The thesis describes the current legislation on concluding contracts resulting from public tender and its subsequent amendments in three separate chapters. The first chapter briefly defines the basic terminology of the public procurement procedure, which is crucial for the whole process of concluding public procurement contracts. The second chapter deals with selected aspects of conclusion of public procurement contracts in open procedure. These aspects are commencing of tender procedure, boundness of the submission of tender, security, opening of envelopes with submissions, and the selection of the best submission and obligations of public authorities after conclusion of public procurement contract. Chapter three is the most detailed part of the thesis, which deals with changes in public procurement contracts. Chapter three first describes the development of the case law of the Court of Justice of the European Union, and then is followed by changes in the subject of public procurement contracts and changes in the contracting parties of public procurement contracts. Powered by TCPDF (www.tcpdf.org)
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