Article 8. Principle of contractual autonomy. Prohibition of free intellectual work.

1. In pursuing their institutional purposes, public administrations are endowed with contractual autonomy and can conclude any contract, even free of charge, without prejudice to the prohibitions expressly provided for by the code and other legal provisions. 2. The performance of intellectual work cannot be provided by professionals free of charge, except in exceptional cases and subject to adequate justification. Except in the aforementioned exceptional cases, the public administration in any case guarantees the application of the principle of fair compensation. 3. Public administrations can receive by donation goods or services that meet the public interest without obligation to tender. The provisions of the civil code regarding the form, revocation and action to reduce donations remain unchanged. EFFECTIVE FROM: 1 July 2023


REPORT Article 8 codifies the principle of contractual autonomy and regulates the prohibition on the provision of intellectual work free of charge. Paragraph 1 provides that in pursuing their instit...


NEW • It is expressly established that PAs can conclude any contract, even free of charge (paragraph 1). Free contracts are contracts in which the obligation to perform or the economic sacrifices dir...
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