UNILATERAL TERMINATION OF A PUBLIC CONTRACT
UNILATERAL TERMINATION OF A PUBLIC CONTRACT

Summary/Abstract: Public contract is a special type of administrative contract to which the rules of the law of obligations apply accordingly or in a subsidiary manner. This contract represents the basis of all public procurements, public private partnerships, and, in certain form, concessions. Due to its specific legal nature, which is a consequence of the application of norms of both public and private law to this type of contract, it is called „hybrid“ or sui generis contract. The combination of the application of the norms of public and private law is seen, also, in the example of regulating the termination of a public contract. In the European Union law, the unilateral termination of a public contract is mostly regulated in the public law, while unilateral termination of a public contract in the Serbian law is usually done in accordance with the rules of the private law (law of obligations). However, due to the harmonisation of the Serbian law with that of the European Union, public law elements have been introduced into the contractual relationship between the public and private partners, which is reflected, also, in the issue of termination of public contract. The aim of this paper is to stress the ambiguities that may arise on the occasion of a unilateral termination of a public contract in cases when there are no detailed provisions in the public contract itself on unilateral termination, as well as to contribute to eliminating legal uncertainty in this area through interpretation of the positive law.

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