Thesis (doctoral)--Universität Erlangen, 1903.

This thesis is a comparative legal study of preliminary agreements in French and American law. / At the negotiation process, a preliminary agreement has numerous purposes. Those purposes vary with the parties' will. The contrasted concept of preliminary agreement and its hybrid legal nature give rise to legal issues, such as interpretation, enforceability and liability. Those issues are differently tackled in French and American law. / The ambiguity of pre-agreements allows the French and American judges to play a decisive role in the interpretation of such agreements. In accordance with its definiteness and completeness, the pre-agreement may be considered as the final contract and binds the parties. Then, in case of non respect, the blameworthy party may be held liable, and courts may grant damages to the party who has suffered prejudice.

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University of Macau / Faculty of Law

The main aim of this diploma thesis is to provide a comprehensive analysis of selected institutes related to the tender price in the award procedures of public contracts in the light of the new Act No. 134/2016 Coll., on public procurement, with its main focus on evaluation of impacts of the new legislation and identification of its potential risks, while its partial focus lies in comparison with previous legislation, i.e. Act No. 137/2006 Coll., on public procurement, as amended, and assessment of usage of up to now decision practice of the Office for the Protection of Competition and case law of administrative courts. The first chapter deals with a brief overview of the public procurement legislation, its aims and purposes and identification of elementary characteristics of the award procedures of public contracts. The subject of the second chapter is to analyze preliminary market consultation from the general point of view and simultaneously to provide an analysis with a focus on its application, practical execution, benefits and drawbacks related thereto and its influence on the procurement procedures. The third chapter deals with the estimated value of public contracts, rules of its calculation, the issue of division of public contracts and its influence on tender prices. The fourth chapter...