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Contract changes : the dark side of EU procurement law
Title
Contract changes : the dark side of EU procurement law / edited by Dacian Dragos (professor, Center for Good Governance Studies, faculty of political, administrative and communication sciences, Babeș-Bolyai University, Romania), Kirsi-Maria Halonen, Steen Treumer (professor, faculty of law, University of Lapland, Finland), Bogdana Neamtu (associate professor, Center for Good Governance Studies, faculty of political, administrative and communication sciences, Babeș-Bolyai University, Romania and the late) Steen Treumer (formerly faculty of law, University of Copenhagen, Denmark).
ISBN
9781800375598 (e-book)
Publication
Northampton : Edward Elgar Publishing, 2023.
Physical Description
1 online resource (274 pages).
Notes
Description based on print record.
Summary
"Contract Changes comparatively analyses the contract modification regulation of 11 EU Member States, drawing on case law and common legal practice. As the first comparative study of material contract modifications, this book explores the interpretation of key concepts such as: unforeseen circumstances, non-equivocal clauses and the overall nature of the contract. Highlighting the discord between the transparency of the award of a public contract and the transparency of its implementation, the book interprets the execution phase of procurement contracts as the dark side of public procurement. Considering unforeseen circumstances, the change of the identity of the contractor, non-compliance and remedies, this book provides a unique insight into the challenges of interpretation and application of contract modification rules. It concludes that, whilst the flexibility to make contract amendments is required in some circumstances, the grounding principles of public procurement law must be considered and applied in these instances. This original book will be of interest to researchers who are working in public procurement, European and comparative law. It will also be valuable to lawyers, contractors and policymakers involved with public procurement contracts, contracting authorities and advising private companies"-- Provided by publisher.
Format
Books / Online
Language
English
Added to Catalog
September 13, 2023
Series
European procurement law series.
Bibliography
Includes bibliographical references and index.
Contents
Contents: Foreword
1. Introduction: why the 'Dark Side of procurement'? / Dacian C. Dragos and Bogdana Neamtu
2. Fundamentals of contract modifications in EU procurement law / Kirsi-Maria Halonen
3. Change of the identity of the contractual partner / Nicolas Gabayet
4. Non-compliance with government contract terms: a comparative view on procurement regulation and contractual remedies / Désirée Klingler and Pedro Telles
5. Unforeseen circumstances that justify changes to public contracts / Mari Ann Simovart
6. Modification of contracts in Denmark / Carina Risvig Hamer
7. Public contract modifications in England, Wales, and Northern Ireland / Pedro Telles
8. Contract changes in Finland / Merja Kortesuo and Pilvi Takala
9. Contract changes in France / François Lichère and Valentin Lamy
10. Contract changes in Germany and Austria / Christoph Krönke and Valentina Neubauer
11. Contract changes in Italy / Benedetta Biancardi, Roberto Caranta and Paolo Patrito
12. Contract modifications in Poland - Much ado about nothing? / Piotr Bogdanowicz
13. Contract changes in the Romanian law / Daniela Cimpean, Dacian C. Dragos and Bogdana Neamtu
14. Contract changes in the Spanish system on public procurement / Patricia Valcárcel Fernández
15. Contract modifications in the Netherlands: understanding the law, jurisprudence and practice / Erik Plas and Willem A. Janssen
Index.
Subjects
Genre/Form
Electronic books.
Also listed under
Edward Elgar Publishing, publisher.
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