Yüksek LisansAçık Erişim

The public procurement contracts' sourced from the contractor states of expiration

2022
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Danışman: Dr. Öğr. Üyesi Mehmet Karaarslan

Özet (EN)

Public needs and public services are, by their nature, needs that are obligatory and must be provided by the state. However, due to the multiplicity and diversity of public needs and services, it was necessary to provide them through private law persons. The public procurement contracts arising from this need are the contracts of private private law persons during the administration of one party. The reasons for termination in the Numbered by 4735 Public Procurement Contracts Code; Unauthorized transfer of the contract, death, bankruptcy, serious illness, detention, conviction of the contractor, being in financial insolvency and engaging in prohibited acts and behaviors. The reasons for termination in the Numbered by 6098 Turkish Code of Obligations are performance, release, renewal, merger of the adjectives of contract parties, defective impossibility and exchange. As a result of the termination of the contract, the guarantees belonging to the contractor are recorded as income by the administration, and liquidation procedures are carried out within the framework of the general provisions. While determining the legal discipline to be applied in the termination of the contract and the liquidation process, a balance should be established between the equality of the contracting parties and the priority of keeping the public interest above, and the principles of the public procurement legislation should be taken into account, and in cases where there is no provision, the principles of the law of obligations should be taken into account.

Yazar

Dr. Zozan Özbek

Bu Yayına Nasıl Atıf Yapılır

Zozan Özbek (Master Thesis). The public procurement contracts' sourced from the contractor states of expiration, 2022, Dicle University.

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