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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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Entering into a public contract
Drdák, Josef ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Entering into a public contract Abstract The topic of this thesis is entering into a public contract while this issue remains highly topical particularly with regard to the new complex legislation on public procurement, which brought a relatively significant change into this legal area. The main objective of this thesis is to provide a comprehensive interpretation of a process which results in a public contract as well as to analyse the admissibility of a modification of this legal act. This thesis is divided into three parts. First part is particularly concentrated on the sources of a public procurement legal framework. National and European legislation is analysed in this part, together with a minor attention to the international public law. Furthermore, the fundamental principles of a public procurement are subject to rather detailed research as they have significant impact on the entire contracting process. Due to a non- negligible shift in the terminology the basic terms of a public procurement are shortly explained in the end of the first part. In the second part which is crucial for this thesis the actual process of concluding a public contract is described. This process comprises two main stages. Therefore the second part is focused on both pre-contracting and contracting process together with its...
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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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Entering into a public contract
Kuchař, Roman ; Horáček, Tomáš (advisor) ; Elek, Štefan (referee)
Awarding a public contract pursuant to Act No 134/2016 Coll., on public procurement, is aimed at creating a specific obligatory relationship between a contracting authority and a selected contractor, essentially on the basis of a previous tender procedure, unless the law specifies otherwise in the given case. The tender procedure is a special arrangement for the pre-contracting and contracting process, which takes place in a binding, legally defined procedure differing from an ordinary private-law contract, even though it is also a private-law procedure according to the predominant doctrinal and case law opinion. The topic of this diploma thesis is an analysis of the specifics of the contract process leading to the conclusion of a public contract, in order to draw attention to its similarities and also to the differences when compared to general private-law contracting. The thesis is divided into three parts, the first of which, primarily deals with the Act No 134/2016 Coll., on public procurement, its classification in systemic law, its relation to the EU public procurement regulation, the nature of tender procedure (specifically open procedure) and the public contract. The key charter is then dedicated to the award of a public contract, followed by the last section on changes to already concluded...
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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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