Contracts with Public Authorities in Spain

Published by Kluwer Law International under the auspices of the Center for International Legal Studies

Xavier Moliner

1 Jan 1999

COMPARATIVE LAW YEARBOOK OF INTERNATIONAL BUSINESS, VOLUME 21, 1999

Contracts with Public Authorities are subject to the principles of competition and publicity, unless otherwise set out by law and, in all circumstances, to the principles of equality and non-discrimination. The relevant requirements for contracts with the public authorities to be validly entered into are the following:
(1) Capacity of the contracting body;
(2) Capacity of the awardee contractor;
(3) Determining the contract’s object;
(4) Setting the price;
(5) The fact that there is appropriate and adequate credit when there are payment obligations of the public authorities under the contract;
(6) Procedures for the file;
(7) The control of the administrative resolutions with economic content related to the contracts;
(8) Approval of the costs;
(9) Signing the contract.