Este supus unui termen special de prescripţie dreptul creditorului de a obţine repararea prejudiciului suferit, în ipoteza în care se ajunge la rezoluţiunea unui contract de achiziţie publică?

Lect. univ. dr. Jozsef KOCSIS

ABSTRACT

Often, the legislative technique poses challenges to the jurist, generating interpreting efforts of the legal norms, requiring searches to identify the purpose of the regulation. This is also the case of the norm enshrined in art. 53 paragraph 9 of Law no. 101/2016, from the perspective of the determination of the statute of limitations applicable to the actions through which damages are claimed for the economic operator’s failure to perform the obligations that are due to him under a public procurement contract in the event of its termination. Is the material right to action for such a request subject to the general statute of limitations or to the special 30-day limitation period established by the aforementioned norm?

Keywords: public procurement contract,...