Public procurement Law – Civil Law under „Coercion” of Administrative Law or Administrative Law on the basis of Civil law? Comments on the Method of Its Regulation and the Nature of Legal Norms

Abstract

What appears repeatedly in business practice is the issue of assessing the legal character of contracts concluded under public procurement procedures. There is an unanimous opinion among the representatives of the doctrine that these agreements are purely civilian. The problem related to the current nature of legal contracts concluded under public procurement procedures concerns the actual freedom in shaping their content, the possibility of contractual modification of contract provisions, the effects of the conclusion of thecontract and terms of the contract itself. Authors ask the question whether public procurement law is a civil law under “coercion” of administrative law, or administrative law on the basis of civil law. The dogmatic research method, the analytical research method and case law analysis were used to elaborate this issue.