Elements of contract law in parallel framework agreements

Magdalena Socha

Chapter 8 in Parallel Framework Agreements in EU Public Procurement Law, 2026, pp 252-282 from Edward Elgar Publishing

Abstract: As parties to a framework agreement enjoy a certain degree of contractual freedom, this chapter explores the legal tools available under contract law that could allow them to limit procurement from parallel framework agreements. Without prejudice to the national contract law of Member States, the elements of contract law discussed in this chapter refer to the discretionary decisions made by contracting authorities when establishing framework agreements, specifically through contract clauses included in these agreements. Additionally, this chapter considers rules on contract performance conditions, contract modifications, and contractual remedies as integral ‘elements of contract law’ that are equally applicable to framework agreements. As a result, it identifies and examines the contractual tools available within framework agreements that could ultimately restrict procurement from parallel framework agreements or enforce their specific design. By doing so, this chapter answers the third part of the fourth research question: Can access to parallel framework agreements be limited when confronted with elements of contract law specific to framework agreements?

Keywords: Framework Agreements; Contracts; Freedom of Contract; Remedies; Parallel Procedures; Modifications; Minimum Values and/or Quantity (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035389261
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