Kamu İhale Sözleşmelerinin Sona Erme Sebepleri ve Sonuçları

Abstract

The goverment, is authorized to procure goods, services, and construction works from external sources according to its needs. Procurement from external sources is conducted through tenders regulated by the Public Procurement Law No. 4734. The winning bidder of the tender is the one offering the most economically advantageous proposal among the participants. Following the tender, a contract is signed between the successful bidder and the administration. The contract is prepared in accordance with the Public Procurement Contracts Law No. 4735 and the relevant legislation. The Public Procurement Contracts, being one of the private law contracts of the administration, are subject to the provisions of private law. The influence of private law is evident on contracts from their establishment until termination. In cases where Law No. 4735 lacks provisions, the provisions of the Turkish Code of Obligations No. 6098, are applied. Parties in public procurement contracts aim to achieve contract completion through the performance of obligations. However, this is not always feasible. Apart from performance, the contract may also be terminated for reasons listed in Law No. 4735 and regulated in the Law of Obligations. The consequences of contract termination vary depending on whether the termination stems from the contractor or is independent of the contractor's fault. In our study, we have examined the termination reasons of contracts made by the administration with contractors following the tender, both according to Law No. 4735 and the law of obligations, and evaluated the provisions and consequences of contract termination.