Effects of Revoking Award on Government Procurement Contract

• Main Authors: Hung, Chi-Ming, 洪啓明
• Other Authors: Lin, Chia-Chi
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/28284778456774700340

碩士 === 國防大學管理學院 === 法律學系 === 101 === Due to the complex relationship between the public and private law shown in the government procurement, we can presuppose the two-phase theory (Zweistufentheorie) to apply to this special type of legal act. The thesis demonstrates how the applied theory will determine the nature of legal act, and the contract on the government procurement affirmatively. In justifying the application of this theory, the act of government procurement will be divided into two phases which are the act of public relationship and the private relationship. By means of compiling and analyzing statute, sciences, practices and administrative institutions’ interpretations, which indicate the nature and effects of the "award", and the relationship with contract, being a basis to discuss the legal effects on revocation of the award; also stating how administrative institution deal with when awarding and finding the award illegal or defective, providing relevant factors and its’ proper judgment, and generalizing effects of revoking award on contract. Finally, this thesis proposes amendments of paragraph 2 of Article 50 of existing Government Procurement Act, in order to show legal relationships between revocation of award and effects on procurement contract expressly.