Termination of public procurement contract

Public procurement contracts are important tool for maintaining of public services. The Public Procurement Contracts Code No.4735 includes rules, which are regulating public procurement contracts. In addition, Turkish Obligation Code No.6098 is a complementary part of the Public Procurement Contracts Code No.4735. The termination of public procurement contracts was regulated in the Public Procurement Contracts Code. These reasons of termination have to apply during termination of contacts as primarily. There are some opinions related to termination amongst the authors. Some authors proposed classical theory of termination. However, new termination theory can give more fair results with the use of good faith rules rather than classical theory. After the termination of public procurement contract, obligation of parties, which are related to restitution, and content of restitution can change based on reasons of termination. Prohibition from participation to public procurement and registered revenue of tender security are regulated as a result of termination. The negligence during the legislation stage of the Public Procurement Contracts Code caused conflicts between articles. Particularly, conflicts amongst articles, which are related to termination, can cause potential problems during the application. In this dissertation, there are some solutions for potential problems that may be emerged in the future.