Bezpodstawne wzbogacenie w zamówieniach publicznych

Agnieszka Marek

Abstract

One of the institutions of civil law is unjust enrichment. The subject of unjust enrichment can be any entity, both a natural person, legal entity and an entity without legal personality, which the law grants legal capacity. Unjust enrichment may be associated with any act, including business activities conducted by entrepreneurs.Attention requires whether the institution in question will be applicable to public procurement in which the parties have agreed a lump-sum remuneration, and the contractor has performed additional works as part of construction works as additional without the approval of the contracting authority.The above article indicates that in cases where the orderer did not know about the intention of the contractor to perform additional work and did not affiliate them, and the contractor included a flat-rate remuneration, the pro-visions on unjust enrichment should not be applied.
Author Agnieszka Marek (FLA)
Agnieszka Marek,,
- Faculty of Law and Administration
Other language title versionsUnjust enrichment in public procurement
Journal seriesAnimus. Prawo Zamówień Publicznych, ISSN , e-ISSN 2544-655X, (0 pkt)
Issue year2018
Vol2
Pages48-51
Publication size in sheets0.5
Keywords in EnglishUnjust enrichment, public procurement law, construction works
URL http://www.ia.edu.pl/wp-content/uploads/Animus-tom-2.pdf
Languagepl polski
LicenseJournal (articles only); published final; Other open licence; with publication
Score (nominal)5
Score sourcejournalList
ScoreMinisterial score = 5.0, 28-01-2020, ArticleFromJournal
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