In-house contracts in the European Union law

After successful implementation of public procurement procedure, a purchaser concludes public contract with a selected bidder. If, according to the European union law and Republic of Serbia domestic law, the purchaser and the bidder are considered as "affiliated" subjects, they are not obliged to apply public procurement rules and the contract they are concluding in that case is being called in-house. In order to avoid invoking an in-house contractual relation in such a situations where public procurement rules should be applied, it is important to recognize characteristics of such a contractual relation. This work presents criteria for determining in-house contract according to the European union law. The aim of the author is for domestic purchasers and bidders to better understand norms that have been taken from European union law to new Law on Public Procurement of the Republic of Serbia, so that their proper implementation can be expected.

Legal Standing of Work Order (SPK) by the Existence of Agreement on the Procurement of Public Goods in the Education Office of Padang City

Legal relation between user and provider, that occurs during the process of signing the agreement on the procurement of goods and services until the process of terminating the agreement, is called civil law relation which is specified as contractual relation. In the process of user and service user agreement, the government is represented by Budget User or Proxy or Commitment Officer (CO) or Procurement Official as an individual. Regarding this matter, the research problem is on how the legal standing of work order by the existence the public procurement agreement and on how the contractual relation between the Commitment Officer (CO) and the procurement of goods and services for the procurement of public goods at the Education Office of Padang City. This research employs empirical juridical approach. Based on the result of the research, it is found that the legal standing of work order, in addition to part of the contract, is also the decision of state administration in carrying out public authority in the form of procurement of goods and services which is violated through the state finance. In the meantime, the contractual relation of the parties is basically the same as the contract or agreement in general; the contract is binding on the parties such as laws in a lawful relationship and obligations.

Unity and Multiplicity in Contract Law: From General Principles to Transaction-Types

Modern contract law is characterized by a certain kind of unity and multiplicity. On the one hand, it establishes fundamental principles that apply to all contracts in general. But at the same time, it specifies further principles and rules for particular kinds of contracts or transaction-types that mark out their distinctive features, incidents and effects. Clearly, a viable theory of contract law should be able to provide a suitable account of both aspects. The central critical contention of The Choice Theory of Contracts is that all prior approaches, in particular rights-based theories, have failed to do so. Indeed, Dagan and Heller argue that only a theory that explains the settled rules of contract law as teleologically oriented toward facilitating individuals’ pursuit of their different substantive goods, and thus as primarily power-conferring in this particularly robust sense, can provide the needed account. Such a theory, they believe, would be not only interpretatively accurate with respect to the actual law but also fully acceptable as a liberal view of contract. This Article challenges the core contentions of choice theory, suggesting why it may be unable to meet its own goal of explaining how contract law coherently specifies and integrates the general and specific dimensions of enforceable agreements. The Article looks into basic contract doctrines in order to specify a general conception of the contractual relation that can meet this desideratum and it sketches how, beginning with that conception, contract law unfolds a rich multiplicity of transaction-types. The resulting view is liberal but rights-based rather than teleological, and it proposes an alternative understanding of how the rules of contract law are power-conferring as well as duty-imposing.

Perlindungan Hukum Terhadap Nasabah Kaitannya dengan Lembaga Penjamin Simpanan

A relation between customer with the bank is only based on the trust, it was not generally balance because the real understanding note just coming from one side which is only from the bank. This unbalanced risk make their debit at the dissolved bank become a common priority to be given, it is very important to provide a legal protection for customers and this is deemned to be studied further based on the perspective of legal protection for customer. From those explanation there is a blurring norms. This research was reviewed based on normative legal research with a legal approach, conception approach, and analytical provisions. The legal materials are sourced from primary, secondary and tertiary materials. Legal materials are collected using snowball system techniques and analyzing legal materials using description technique and interpretation technique. The purpose of this research is to elaborate on the public to understand the regulation of bank customer protection, and understand about the protection of customer which is not covered by LPS. The result of the study concluded that : there was certainty of way out from the problematic or dissolved bank, namely by completing based on article 6 paragraph (2) of the LPS law, this also resolving the problem of crisis against the economy. To protect the norms to save the consumers in related to heir savins which is not borne by LPS, can be specified in accordance with the fabric of bank norms for consumers save which is based on the agreement and based on non contractual relation. Hubungan antara nasabah dengan bank hanyalah berlandaskan atas kepercayaan, maka dalam kedudukannya hal ini menjadi hal yang tidak seimbang. Akibatnya lahirlah sebuah kesepakatan riil satu arah yaitu oleh bank. Tidak setaranya resiko ini menjadikan debit persediaan konsumen bagi institusi ini yang sudah dibubarkan bukanlah menjadi hal pokok untuk dipenuhi, hingga konsumen dianggap krusial untuk mendapatkan perlindungan hukum dan dianggap perlu untuk hal ini dikaji lebih lanjut dari sudut pandang perlindungan hukumnya terhadap konsumen. Dari penjelasan itu terjadi kekaburan norma. Penelitian ini ditinjau dari penelitian hukum normatif dengan pendekatan perundang-undangan, ketetapan konsepsi, dan ketetapan analitis. Bahan hukum bersumber pada bahan hukum primer, sekunder dan tersier. Bahan hukum dikumpulkan dengan teknik sistem bola salju dan menganalisis bahan hukum menggunakan teknik deskripsi dan teknik interpretasi. Tujuan penelitian ini yaitu mengelaborasi dan memahami pengaturan perlindungan nasabah bank, dan paham tentang perlindungan nasabah yang tak ditanggung LPS. Hasil studi memberi kesimpulan bahwa: adanya kepastian jalan keluar dari bank yang bermasalah maupun gagal yakni dengan menyelesaikan berdasarkan atas Pasal 6 ayat (2) UU LPS serta menyelesaikan masalah krisis terhadap perekonomian. Pengamanan norma-norma kepada konsumen penabung sehubungan tabungannya yang tiada ditanggung LPS bisa dirinci berdasarkan jalinan norma bank kepada konsumen penabung yakni atas dasar jalinan kesepakatan dan berdasarkan hubungan non kontraktual.

Confidentiality - A Two-Appeal Principle

This article analysis relates to the creation of conditions for the conclusion of the contract.This is the moment when the negotiating parties determine whether there will be a contract or not. This is the stage that in the best case is finalized with the contract signing.Known as the pre-contractual stage, it is considered as the foundation of the contractual relationship.Conduct in good faith at the stage of entering into a contract would also avoid causing potential damages and liability".- The first part gives , of Completion of the contract in good faith, is a legal requirement under the Civil Laë tradition, but unlike the requirement for pre-contractual trust, finds place in the Common Law tradition.In this part of the study, the detailed treatment of the manner of performance of the contract will be set aside, focusing mainly on the obligations that dictate its fulfillment in good faith and the liability incurred in the event of its absence . The second part is concentrated, Contract Interpretation. The third part will be treated as a brief and comparative overview of the common law of Civil Law in the interpretation of the contract, taking into account the main interpretative criteria, to underline the main differences between them. Among all the criteria, the focus will be on trust, which is sanctioned as a special criterion of interpretation by the Civil Law countries. The fourth part analysis the validity of the contract.In this last part of the chapter, I will try to clarify the confusion created between the rules of contract validity and the rules of conduct, as well as the role and impact of the breach of the trust principle in the validity of the contract. Conclusions .Regarding the situations that arise for the damage that comes to the parties from non-fulfillment of obligations and breach of the principle of good faith during the contract's formation, it is necessary to clarify how the type of damage that came during the pre-contractual phase and which interest has failed to realize one of the parties. In fact, this is a genuine duty of the court which, as the case may be, must specify exactly: the responsibility of the parties, the interest that has been violated, the type of damage that has been caused.Keywords: contract law ,internal law ,contractual relation,internal contract interpretation, civil law

„Ucywilnianie” dotychczasowych stosunków służbowych funkcjonariuszy celnych w związku z reformą administracji celno-skarbowej — w kontekście zasady praworządności

CHANGE OF THE LEGAL STATUS OF THE CUSTOMS SERVICE OFFICER FROM THE ADMINISTRATIVE AND LEGAL RELATION TO THE CONTRACTUAL RELATION — IN THE CONTEXT OF THE RULE OF LAWOn March 1, 2017, acts reforming the customs and tax administration system came into force. They introduced not only changes in the system of organs and organizational structure of this administration, but also significantly influenced the legal status of Customs Service officers. Not all officers were offered further service in the newly created customs and tax administration. Some of them received offers of employment in positions of civil part — in general has not been employed for a further period. In both cases, the relationship was terminated, which in the light of the adopted statutory solutions is treated as an exemption from service. A very large group of officers filed appeals to administrative courts, some of them — also to common courts. Against the background of the provisions formulated in such a way, the question arises: whether the change of the legal status of the Customs Service officer from the administrative and legal relation to the contractual relation made by the director of the customs chamber as part of the powers entrusted to him, is in line with the rule of law. The answer to this question will ultimately be given by the courts. The study will, however, present general observations regarding the existing situation.

FORMA CZYNNOŚCI PRAWNEJ W PRAWIE PRYWATNYM MIĘDZYNARODOWYM

Form of Legal Act in Private International LawSummaryThe form of a legal act in private international law is usually governed by particular conflict rules. Such provisions define the scope of their application. The aim of conflict rules is to indicate territorial application of different legal systems. That function fixes the approach while determining the way of understanding the notion of a „form” in private international law. The appropriate approach is the autonomic qualification. That is why I admit that the form in private international law is nothing else that the way of submission and incorporation of the declaration of will, being a component of a legal act.According to art. 12 of Polish Act on private international law from 1965 (1965 Act), the form of a legal act is governed by the law proper for that act (the first rule), however, it is sufficient to fulfill the conditions of the law of the country where the legal act is undertaken (the second rule).Lex causa, relevant to the form of a legal act (art. 12 section 1 of 1965 Act), may be indicated not only by means of conflict rules based on objective factors of alien, but also by the choice-of-law clause (if a choice of law is not forbidden). Nevertheless, a choice of law regarding solely the form of a legal act is not acceptable. The choice of law for the form of a legal act cannot be justified by the permissibility of a partial choice of law, which is supposed to be a choice relative to that part of legis causae, which is taken into consideration while determining the conditions required for the form of a particular legal act, on the base of art. 12 section 1 1965 Act. Although, there is no fragment of the legis causae applied in the scope of the form, there is complete lex causae or divided into segments (in the case of a complex or simple choice of law). The form cannot constitute such a segment. It has its own status.The second rule is subsidiary to the first one.The mutual relation of these two rules has subsequent consequences: 1 lex loci actus may be applied only when the conditions of lex causae were not fulfilled;2 the answer to the question if the legis loci actus constitutes the proper law for the form of a legal act is dependent on the fact whether during the performance of the legal act the requirements resulting from that law were fulfilled;3 when the conditions regulated by both lex causae as well as lex loci actus were not fulfilled, it is to lex causae to decide about the consequences (sanctions) of non-fulfillment of the requirements relating to the form;4 lex loci actus cannot be replaced by the Polish law by the virtue of art. 7 of 1965 Act, when the content of the law binding on the territory where the legal action was undertaken cannot be determined;5 the transmission and remission, based on the conflict rules binding in that country where the legal act was undertaken, is not allowed;6 the requirements of legis loci actus are also fulfilled when there are no special requirements relating to the form. The legal act will be valid in such a situation although the requirements relating to the form, resulting of lex causae, were not fulfilled.The place where the legal act is performed understood as the factor of alien in art. 12 section 2 of 1965 Act must be interpreted in the light of autonomic qualification. The decisive role should be granted to the place where an event which brought (or should have brought) to the performance of a legal act had happened while the contractual relation has been formed.De lege ferenda, I am opting for the maintenance of both rules in Polish law, however, their position should be equal. In case of discrepancy of the effects the preference should be granted to those more favorable for the legal act (the solution in favorem negotii).