Abstract

The performance of the obligation by the debtor, in particular in the case of mutual contracts, requires greater or lesser cooperation with the creditor. For this reason, art. 354 of the Civil Code, the legislator specified not only that the debtor should perform the obligation in accordance with its content and in a manner corresponding to its socio-economic goal and the principles of social coexistence, and if there are established customs in this respect – also in a manner corresponding to these customs, but also that the creditor should cooperate in the same way in the performance of the obligation. In the case of contracts such as a work contract or a construction works contract, the lack of cooperation between the creditor and the debtor would often result in the inability to perform the service altogether. Therefore, in the detailed part of the law of obligations of the Civil Code, additional special provisions are included which introduce further-reaching sanctions for failure to fulfill this obligation.. An example may be the provision of Art. 640 KC, which entitles the order taker to withdraw from the contract. Obviously, the indicated provisions also apply to the performance of contracts concluded under the public procurement regime. Despite this, in the new Public Procurement Law Act, the legislator decided to introduce Art. 431, which states that the contracting authority and the economic operator selected in the procurement procedure are obliged to cooperate in the performance of the public procurement contract, hereinafter referred to as the „contract”, for the proper performance of the contract. In a way, this procedure may at first glance be interpreted as unnecessary repetition. The direct introduction to the Public Procurement Law of the principle of cooperation between the creditor and the debtor may, however, be interpreted differently, as a specific detail of the provisions of the Civil Code. For this reason, this article attempts to determine the effects of introducing the above-mentioned regulation and to establish its designation.