The Public Sector and Obligation to Contract

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Standard

The Public Sector and Obligation to Contract. / Olesen, Karsten Naundrup; Indén, Tobias.

I: European Review of Contract Law, Bind 12, Nr. 2, 06.06.2016, s. 77-95.

Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt

Harvard

Olesen, KN & Indén, T 2016, 'The Public Sector and Obligation to Contract', European Review of Contract Law, bind 12, nr. 2, s. 77-95. https://doi.org/10.1515/ercl-2016-0006

APA

Olesen, K. N., & Indén, T. (2016). The Public Sector and Obligation to Contract. European Review of Contract Law, 12(2), 77-95. https://doi.org/10.1515/ercl-2016-0006

Vancouver

Olesen KN, Indén T. The Public Sector and Obligation to Contract. European Review of Contract Law. 2016 jun. 6;12(2):77-95. https://doi.org/10.1515/ercl-2016-0006

Author

Olesen, Karsten Naundrup ; Indén, Tobias. / The Public Sector and Obligation to Contract. I: European Review of Contract Law. 2016 ; Bind 12, Nr. 2. s. 77-95.

Bibtex

@article{6e245afcae614c05bfde824ebe572338,
title = "The Public Sector and Obligation to Contract",
abstract = "The paper concerns the situation where public sector bodies are forcedto enter into contracts. These obligations to contract are analysed from twoangles. First, the paper offers an analysis of the reasons for imposing suchobligations to contract under Swedish and Danish law. Secondly the paperdiscusses some consequences of the public entities{\textquoteright} obligations to contract, more specific consequences for the use of rules that usually regulate contracts and the fact that obligations to contract imposed on public entities establish a new market and at the same time the obligations deprive the entities of the freedom to contract which is a fundamental to market behaviour. Finally attention is drawn to the fact that obligations to contract are also imposed on private entities. The paper takes Swedish and Danish regulations as a point of departure and provides an insight into regulations from these two countries imposing obligations to contract, offering a number of examples of such regulations. Moreover, since obligation to contract and freedom to contract are universal concepts, the paper is of relevance to all countries that have similar regulations including other EU Member States.",
author = "Olesen, {Karsten Naundrup} and Tobias Ind{\'e}n",
year = "2016",
month = jun,
day = "6",
doi = "10.1515/ercl-2016-0006",
language = "English",
volume = "12",
pages = "77--95",
journal = "European Review of Contract Law",
issn = "1614-9920",
publisher = "Walterde Gruyter GmbH",
number = "2",

}

RIS

TY - JOUR

T1 - The Public Sector and Obligation to Contract

AU - Olesen, Karsten Naundrup

AU - Indén, Tobias

PY - 2016/6/6

Y1 - 2016/6/6

N2 - The paper concerns the situation where public sector bodies are forcedto enter into contracts. These obligations to contract are analysed from twoangles. First, the paper offers an analysis of the reasons for imposing suchobligations to contract under Swedish and Danish law. Secondly the paperdiscusses some consequences of the public entities’ obligations to contract, more specific consequences for the use of rules that usually regulate contracts and the fact that obligations to contract imposed on public entities establish a new market and at the same time the obligations deprive the entities of the freedom to contract which is a fundamental to market behaviour. Finally attention is drawn to the fact that obligations to contract are also imposed on private entities. The paper takes Swedish and Danish regulations as a point of departure and provides an insight into regulations from these two countries imposing obligations to contract, offering a number of examples of such regulations. Moreover, since obligation to contract and freedom to contract are universal concepts, the paper is of relevance to all countries that have similar regulations including other EU Member States.

AB - The paper concerns the situation where public sector bodies are forcedto enter into contracts. These obligations to contract are analysed from twoangles. First, the paper offers an analysis of the reasons for imposing suchobligations to contract under Swedish and Danish law. Secondly the paperdiscusses some consequences of the public entities’ obligations to contract, more specific consequences for the use of rules that usually regulate contracts and the fact that obligations to contract imposed on public entities establish a new market and at the same time the obligations deprive the entities of the freedom to contract which is a fundamental to market behaviour. Finally attention is drawn to the fact that obligations to contract are also imposed on private entities. The paper takes Swedish and Danish regulations as a point of departure and provides an insight into regulations from these two countries imposing obligations to contract, offering a number of examples of such regulations. Moreover, since obligation to contract and freedom to contract are universal concepts, the paper is of relevance to all countries that have similar regulations including other EU Member States.

U2 - 10.1515/ercl-2016-0006

DO - 10.1515/ercl-2016-0006

M3 - Journal article

VL - 12

SP - 77

EP - 95

JO - European Review of Contract Law

JF - European Review of Contract Law

SN - 1614-9920

IS - 2

ER -

ID: 162155844