25. Achiziţii publice. Executare contract. Executare în natură a obligaţiilor. Dreptul la reziliere. Executare prin echivalent a obligaţiilor. Garanţie de bună execuţie
25. Public procurement. Contract performance. Enforcement in kind. Right of termination. Equivalent enforcement of obligations. Performance guarantee

Summary/Abstract: The creditor cannot also exercise the right to terminate the contract and the right to request enforcement of the obligation to provide/supplement the Performance Guarantee. Once the contract has been terminated, the plaintiff no longer has a legal basis to obtain an order that the former co contractor constitute/supplement the Performance Guarantee which the Purchaser should have ensured was available to it at the beginning of the contractual relationship, but also that it was maintained at the agreed amount during the course of the contractual relationship. Enforcement by equivalent may only occur for non performance of the principal obligation to carry out the works within the agreed completion period, in the form of a claim for contractual penalties, and not for obtaining, after the contractual basis has disappeared, the security instrument from which the Purchaser could have withheld the amount of the penalties if it had ensured that it had it at its disposal.

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