Consortium in the provisions of the public procurement law – joint and several liability – in the procurement procedure and performance of the contract

Abstract

The main purpose of the article is an analysis of the consortium in the provisions of the public procurement law in terms of joint and several liability. There are many conceptions of the examined issue which are reflected in various legal acts. The method of research is based on both doctrine of law and judicature. The aim is to find problems and provide solutions regarded with liability on the ground of the public procurement law in case of joint venture of the consortium members. In further parts of the study, the attempt to find an universal basis of the joint and several liability of the members of consortium is carried out in terms of provisions that are not associated with the institution of the consortium. Due to the lack of respective legal norms in this matter, seeking the basis of the joint and several liability in various legal acts is fully reasoned.