HUK473

School of Law \ Law

3

4

Elective

Turkish

-

Law Bachelor Degree

The content of the Public Procurement Contracts Applications course covers the legal characteristic of the public procurement contracts, which are based on the procurement of goods and services and construction works within the scope of the Public Procurement Law No. 4734, the current problems related to these contracts and the issues to be considered in practice. In this context, based on the basic principles of Public Procurement Law, the obligations of contractors and administrations during the preparation and execution of contracts, contract types and exceptional contracts, disputes that may arise during the execution of the contract, prohibited acts or conducts within the scope of the contract will be discussed. 

Buz, Vedat: Kamu İhale Sözleşmelerinin Kuruluşu ve Geçerlilik Şartları, Ankara, 2007.
Sezginer, Murat: İdarenin Sözleşmeleri ve Kamu İhalelerine İlişkin Uyuşmazlıklar, Ankara 2013.
Kılıç Çaylı, Duygu: Açıklama ve Emsal Kararlarla Kamu Alımları İhale ve Sözleşmeleri, Ankara, 2010.
Tiryaki Özlük, Betül: Kamu Inşaat Sözleşmesinde Yüklenicinin Fesih Hakkı, Anlara, 2024.
Avcı, Ali: Devlet İhale Kanunu ve Kamu İhale Kanuna Tabi Kamu Yapım (İnşaat) Sözleşmeleri, 2024.
Aksoy, Mehmet: Kamu İhale Hukuku, Ankara, 2023.

The aim of the Public Procurement Contracts Applications course is to show the application of public procurement contracts related to the procurement of goods and services and construction works carried out within the scope of Public Procurement Law No. 4734. In this context, it is aimed that the learner with theoretical knowledge will gain awareness about the process followed in practice and the problems that arise, and will have the ability to apply the solution and results of these problems.

1. Has a command of the general concepts and terminology related to the preparation phase, establishment phase and performance phase of public procurement contracts.
2. Recognizes the legislation on public procurement contracts, identifies, analyzes and distinguishes the application areas of various laws in the relevant field.
3. Identifies the problems arising in the practice of public procurement contracts, determines the stage of the problem, determines the abstract rule to be applied to the relevant problem from the Public Procurement Law, Public Procurement Contracts Law or the contract provisions prepared based on these laws and applies it.
4. Distinguishes the distinctive features of the preparation, contract establishment and contract performance stages of public procurement contracts in relation to administrative law and law of obligations. Determines when it is in which area and applies its solutions according to the relevant area.
5. Recognizes the rules to be applied to the performance obstacles that arise during the performance of public procurement contracts, distinguishes them from the general rules of contract law and analyzes them and determines the sanction to be applied to the performance obstacles.
6. Has a command of the legal, administrative and criminal responsibilities of legal actors and officials involved in the preparation and establishment of public procurement contracts; has foresight about the sanctions arising from the damages caused by the actions of these person.

Week 1: Introduction to the system and structure of the course; explanation of the basic concepts of public procurement law.
Week 2: Detailed information about the basic concepts of public procurement law, introduction to the tender process.
Week 3: Preparation procedure of public procurement contracts and legal nature of contracts.
Week 4: Giving information about the types of public procurement contracts and type contracts.
Week 5: Types of public procurement contracts and exceptions; Especially contracts made within the scope of exception.
Week 6: Price difference in public procurement contracts and legal regulations regarding this institution; the concept of force majeure in public procurement contracts and the effect of force majeure on public procurement contracts.
Week 7: An overview of disputes during the execution of public procurement contracts.
Week 8: Types of disputes arising during the execution of public procurement contracts and the procedure followed in them.
Week 9: The appearance of modification and adaptation of contracts in public procurement contracts, especially the modification and adaptation procedure in public procurement contracts.
Week 10: A comparative view of the termination, assignment of the contract and the obstacles to performance arising in the performance of the contract in public procurement contracts in the face of the basic regulations of the law of obligations.
Week 11: Prohibited acts and behaviors during the execution and performance of the contract and determination of the sanctions to be applied to them.
Week 12:Examination of the civil and criminal liability of the officials and contractors participating in the public procurement contract.

• Midterm 40 %
• Final 60 %