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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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