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How Does the Substantial Modification of a Public Contract Affect its Legal Regime?

Abstract:

This article outlines the fundamental consequences for the legal regime of public contracts which result from the substantial modifications of such contracts within the meaning of EU law. The authors conclude that an EU law-compliant understanding of the term “substantial modification to public contracts” may result, in some national legal systems, in the “privative novation” of the original contract, i.e. in its complete discharge and replacement with a new contract. However, this may be ass...

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Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
SSD
Department:
Oxford Internet Institute
Oxford college:
St Edmund Hall
Role:
Author
ORCID:
0000-0001-6065-3730
Publisher:
Sweet and Maxwell Publisher's website
Journal:
Public Procurement Law Review Journal website
Volume:
24
Issue:
3
Pages:
90-105
Publication date:
2015-05-13
Acceptance date:
2015-05-13
ISSN:
0963-8245
Source identifiers:
736335
Keywords:
Pubs id:
pubs:736335
UUID:
uuid:540e0bb7-8ef4-4cfb-b73a-d110a0021404
Local pid:
pubs:736335
Deposit date:
2018-02-06

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