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award contract from the Public Sector Directive could be an adequate solution. It is worth considering, whether such a …
Persistent link: https://www.econbiz.de/10012963933
At the beginning of 2014, the European Parliament and the Council adopted the new directive on public procurement. Inter alia, the new Directive introduces a new procedure called the innovation partnership. The availability of the new provisions maybe valuable particularly from the perspective...
Persistent link: https://www.econbiz.de/10012963930
capabilities of third parties, bidding in form of consortia or subcontracting, the possibility to influence contract specification …
Persistent link: https://www.econbiz.de/10012902346
This essay studies the availability of market-based damages for breach of contract as a substitute for standard … for the International Sales of Goods, 1980 (CISG) and the European Principles of Contract Law, 2003 (PECL), as well as on …
Persistent link: https://www.econbiz.de/10014057739
This book examines the law governing asset management in a wide range of commercial contexts across 15 jurisdictions of the European Union. The study includes the basic features of the available legal institutions (for example, whether they provide bankruptcy protection or allow free choice of...
Persistent link: https://www.econbiz.de/10012754430
sectors typically regulate the contract’s bargaining phase and post-formation. Responding to the European Parliament’s call …
Persistent link: https://www.econbiz.de/10013214733
, one of the modern frameworks of delivery of complex projects. Alliancing is applied to encourage the parties to a contract … - particularly contracts - tends to be of a competitive nature. As a result, if a serious conflict arises, and the contract starts …
Persistent link: https://www.econbiz.de/10014055497
Framework agreements have become a very popular procurement tool in the European Union, since their recognition in the 2004 Public Sector Directive. Meanwhile, there has been a lot of discussion regarding the need to balance the benefits that these agreements bring. Such benefits include,...
Persistent link: https://www.econbiz.de/10012963803
In "The Dignity of Commerce", Nathan Oman sets out an ambitious market theory of contract, which he argues is a … superior normative foundation for contract law than either the moralist or economic justifications that currently dominate … contract theory. In doing so, he sets out a robust defense of commerce and the marketplace as contributing to human flourishing …
Persistent link: https://www.econbiz.de/10012932127
. Beyond that, contracting parties can, and often do, “contract around” these legal doctrines by including a ‘Force Majeure … the legal doctrines of Impossibility and Restitution and how they might apply to a contract undermined by the COVID-19 … unexpected cataclysms, not just those expressly listed in the contract …
Persistent link: https://www.econbiz.de/10012827833