The place of public procurement contracts within Turkish Contract Law and the effect of the annulment of the tender by the courts on public procurement contracts

Public tendering contracts are markets recognizing the possibility of supplying goods and services from the private sector for the authority. The bidding stage, which is the negotiation stage of public procurement contracts is subject to administrative law, even as these contracts are subject to private law when considered in the context of the differences between private law contracts and administrative law contracts, which are difficult to determine. In addition, the creation of the market, the invalidity regime and the claims for compensation due to the market are subject to private law, which implies the application of the provisions of the Turkish Code of Obligations and the Public Procurement Code. Tender. Even if the period before the constitution of the contract is subject to administrative law, the concepts and rules of private law on contractual liability such as Culpa in contrahendo may also be applied to the period before the contract. Finally, with regard to all these details, in the event of annulment by judicial judgments of the tendering procedure before its constitution, the private law contract itself will not be affected by the annulment and the contract will not be automatically invalid. In the event of certain conditions, the authority would have the power to terminate the contract or the obligation to pay compensation to other bidders.