CONSTRUCTION AND EXECUTION OF WORKS CONTRACT. CONTRACTUAL BALANCE IN THE APPLICATION OF CONTRACTUAL REMEDIES STAGE
Through this study, we analyze how the regulations in the field of general theory of obligations have influenced the field of administrative contracts. By the way of issuing the model of purchase agreement for design and execution of work, adopted by the Decision no. 1/2018, the field of administrat...
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| Format: | Article |
| Language: | English |
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ADJURIS – International Academic Publisher
2019-05-01
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| Series: | Perspectives of Law and Public Administration |
| Subjects: | |
| Online Access: | http://www.adjuris.ro/revista/articole/an8nr1/7.%20Eugen%20Sarbu%20EN.pdf |
| _version_ | 1818387850378346496 |
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| author | Eugen Sârbu |
| author_facet | Eugen Sârbu |
| author_sort | Eugen Sârbu |
| collection | DOAJ |
| description | Through this study, we analyze how the regulations in the field of general theory of obligations have influenced the field of administrative contracts. By the way of issuing the model of purchase agreement for design and execution of work, adopted by the Decision no. 1/2018, the field of administrative contracts took over the mechanisms of balancing the contract laid down by legislation by adopting the Civil Code from 2011. Through the method of research on document analysis, we show that, including in the field of administrative contracts, an efficient contractual relationship is dependent on the existence of principles that allow the contract to be concluded, by providing concrete mechanisms for responding to unpredictable situations. In the present article we will analyze how the administrative contract model applies the rule
“favor contractus”, the practical impact of our effort is to guide the actors involved in the development of such contracts, so controversial in the Romanian space, by showing the concrete ways of applying the contractual remedies in balance with the gravity of the violated obligation or the impediment involved in the fate of the contract. |
| first_indexed | 2024-12-14T04:16:30Z |
| format | Article |
| id | doaj.art-8793576835bd42968c2710ba91264e9a |
| institution | Directory Open Access Journal |
| issn | 2601-7830 |
| language | English |
| last_indexed | 2024-12-14T04:16:30Z |
| publishDate | 2019-05-01 |
| publisher | ADJURIS – International Academic Publisher |
| record_format | Article |
| series | Perspectives of Law and Public Administration |
| spelling | doaj.art-8793576835bd42968c2710ba91264e9a2022-12-21T23:17:31ZengADJURIS – International Academic PublisherPerspectives of Law and Public Administration2601-78302019-05-01815767CONSTRUCTION AND EXECUTION OF WORKS CONTRACT. CONTRACTUAL BALANCE IN THE APPLICATION OF CONTRACTUAL REMEDIES STAGEEugen Sârbu0Faculty of Law, University of Bucharest, lawyer Oglindă & Partners, RomaniaThrough this study, we analyze how the regulations in the field of general theory of obligations have influenced the field of administrative contracts. By the way of issuing the model of purchase agreement for design and execution of work, adopted by the Decision no. 1/2018, the field of administrative contracts took over the mechanisms of balancing the contract laid down by legislation by adopting the Civil Code from 2011. Through the method of research on document analysis, we show that, including in the field of administrative contracts, an efficient contractual relationship is dependent on the existence of principles that allow the contract to be concluded, by providing concrete mechanisms for responding to unpredictable situations. In the present article we will analyze how the administrative contract model applies the rule “favor contractus”, the practical impact of our effort is to guide the actors involved in the development of such contracts, so controversial in the Romanian space, by showing the concrete ways of applying the contractual remedies in balance with the gravity of the violated obligation or the impediment involved in the fate of the contract.http://www.adjuris.ro/revista/articole/an8nr1/7.%20Eugen%20Sarbu%20EN.pdfadministrative contract for design and execution of worksbalance of contractual remediesfavor contractusharmonizing the administrative contract with the principles of private law |
| spellingShingle | Eugen Sârbu CONSTRUCTION AND EXECUTION OF WORKS CONTRACT. CONTRACTUAL BALANCE IN THE APPLICATION OF CONTRACTUAL REMEDIES STAGE Perspectives of Law and Public Administration administrative contract for design and execution of works balance of contractual remedies favor contractus harmonizing the administrative contract with the principles of private law |
| title | CONSTRUCTION AND EXECUTION OF WORKS CONTRACT. CONTRACTUAL BALANCE IN THE APPLICATION OF CONTRACTUAL REMEDIES STAGE |
| title_full | CONSTRUCTION AND EXECUTION OF WORKS CONTRACT. CONTRACTUAL BALANCE IN THE APPLICATION OF CONTRACTUAL REMEDIES STAGE |
| title_fullStr | CONSTRUCTION AND EXECUTION OF WORKS CONTRACT. CONTRACTUAL BALANCE IN THE APPLICATION OF CONTRACTUAL REMEDIES STAGE |
| title_full_unstemmed | CONSTRUCTION AND EXECUTION OF WORKS CONTRACT. CONTRACTUAL BALANCE IN THE APPLICATION OF CONTRACTUAL REMEDIES STAGE |
| title_short | CONSTRUCTION AND EXECUTION OF WORKS CONTRACT. CONTRACTUAL BALANCE IN THE APPLICATION OF CONTRACTUAL REMEDIES STAGE |
| title_sort | construction and execution of works contract contractual balance in the application of contractual remedies stage |
| topic | administrative contract for design and execution of works balance of contractual remedies favor contractus harmonizing the administrative contract with the principles of private law |
| url | http://www.adjuris.ro/revista/articole/an8nr1/7.%20Eugen%20Sarbu%20EN.pdf |
| work_keys_str_mv | AT eugensarbu constructionandexecutionofworkscontractcontractualbalanceintheapplicationofcontractualremediesstage |