The subject of the paper are the obligations of the contracting parties, i.e. the contractor and client, arising from the conclusion of a service contract. A service contract is one of the oldest forms of contractual obligations, but it is also a contract constantly being changed and adapted to emerging life situations. A service contract is a consensual, nominate, onerous and bilaterally binding contract. Therefore, it is a contract in which the obligations of the contracting parties are determined. The contractor has the obligation to complete the work, and hand it over to the client, while the client is obliged to pay remuneration for the contractor`s work. Also, one of the distinguishing facts of a service contract is that it is often concluded with regard to the contractor's personality, so the fulfillment of the obligation is related to the personality of the contractor due to whose attributes the contract was concluded.
The administrative and civil jurisprudence in Serbia and comparative legal systems do not concur on the nature of public procurement. While the literature on administrative law posits this emerging body of law into the public administrative law, many scholars of civil law in continental law systems subsume it under traditional law of obligations. This essay examines undefined systemic connections of the Public Procurement Act (PPA) with the law of obligations in the legal system of the Republic of Serbia. It suggests that the PPA norms, although do not explicitly refer to it, belong to a new special regime of contract law, which defining trait is the public personality of a procurement entity as one of the contracting parties. Therefore, it is proposed to consider rules of administrative decision-making on the contract awarding and its execution to be a new special regime of the contract law. Also, it is proposed to limit the superior position of the procurement entity in this relationship, for the sake of the preservation of basic civil law values.
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