Zasada realnego wykonania zamówienia publicznego

Abstract

This dissertation explores legal solutions in the fields of public procurement law and the law of obligations relating to the principle of specific performance of a public procurement contract. The dissertation verifies three theses. Firstly, within the context of public procurement law, the principle of specific performance of a public procurement contract, resulting from the application of Article 354 of the Civil Code, is oriented towards the satisfaction of collective (public) needs. 2) This principle is subject to stricter requirements in public procurement law through numerous normative solutions and their appropriate interpretation; each solution is focused on the purpose of the purchased services, supplies, and construction works. The obligation of specific performance of obligations in the sphere of public procurement contracts is subject to safeguards due to the limitation of the contracting authority's autonomy and the contractual freedom of the parties because of numerous mandatory and semi-mandatory provisions. Important obligations under public law include the analysis of the contracting authority's needs and requirements, the adequate description and proper estimation of the subject of a public procurement contract, the duty to pursue claims to which the contracting authority is entitled, and the preparation of a report on the performance of a public procurement contract.