Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests

10.4335/52 ◽  
2009 ◽  
Vol 6 (2) ◽  
pp. 245-270
Author(s):  
Janez Ahlin
Keyword(s):  
Public Interest ◽  
Public Law ◽  
Public Private Partnership ◽  
Legal Order ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Interests ◽  
Legal Nature ◽  
Concession Contract

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order. KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

scholarly journals Partnerstwo publiczno-prywatne jako forma współpracy administracji publicznej z otoczeniem

2018 ◽  
Vol 111 ◽  
pp. 143-158
Author(s):  
Justyna Przedańska
Keyword(s):  
Private Sector ◽  
Public Administration ◽  
Public Interest ◽  
Construction Management ◽  
Public Private Partnership ◽  
Public Authorities ◽  
Private Partnership ◽  
The Public ◽  
Legal Nature ◽  
Common Interests

PUBLIC-PRIVATE PARTNERSHIPS AS AFORM OF COOPERATION OF PUBLIC ADMINISTRATION WITH THE ENVIRONMENTThe article presents the legal nature of the public-private partnership, which is another form of along-standing mechanism of participation of the private sector in the fulfilling the public tasks. Public-private partnership means all forms of cooperation between public authorities and the private sector, which are designed to finance the construction, management and maintenance of infrastructure, or to provide services. Public administration cooperation with private partners in the delivery of public tasks should always involve assuming common interests not just public interest or private interest, and co-responsibility for the success of the project.

scholarly journals A Study on Public-Private Partnerships with reference to Municipality of Korca, Albania

2018 ◽  
Vol 3 (4) ◽  
pp. 111
Author(s):  
Eva Dhimitri
Keyword(s):  
Public Interest ◽  
Good Governance ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
The Past ◽  
Common Goals ◽  
Main Region

Public private partnership is in central of good governance with emphasis on efficiency, inclusion and partnership. The main point is that the partnership does not mean competition, but cooperation between different organizations. It means a formal link between public and private sectors and involves cooperation in planning, financing and implementation of joint projects to achieve common goals. The state assists in its mission from many actors, and above all from the private sector. This article aims to explore the concept of Public Private Partnership as an approach that provides mutual benefits to both public and private sectors. Albania has great potential to develop successful forms of Public Private Partnerships and the public interest is quite high, however, it is important to learn from own successful and not successful experiences of the past, as well as from the experience of the others. This study focused in experience of Municipality of Korca, main region in southeast of Albania.

scholarly journals Novel procedures to choose the management of PPPs

2019 ◽  
Vol 3 (2) ◽  
pp. 196
Author(s):  
Bruno S. Frey
Keyword(s):  
Decision Making ◽  
Public Private Partnership ◽  
Suitable Choice ◽  
Random Choice ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Private Interests ◽  
New Procedures

There is a large literature on public-private-partnership, covering many different areas and aspects. This article deals with a specific but important aspect: the decision-making mechanisms to choose the management of PPP enterprises. In this sector, a suitable choice of managers is of particular importance because the persons chosen must balance the public and private interests. This is often difficult to achieve. Two new procedures are discussed, “Directed Random Choice” and “Rotating CEOs”. In each case, the advantages and disadvantages of the procedure of choosing the managers of PPP enterprises are discussed and evaluated. It is concluded that the two novel mechanisms should be seriously considered when choosing the managers of PPP enterprises.

scholarly journals Public private partnership as a last resort for traditional public procurement

2006 ◽  
Vol 53 (3) ◽  
pp. 299-311 ◽  
Author(s):  
Viktorija Bojovic
Keyword(s):  
Public Sector ◽  
Public Services ◽  
Developing Economies ◽  
Public Procurement ◽  
Public Private Partnership ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Management Culture ◽  
Complex Projects

This paper discusses recent changes in the way public services are delivered A marked increase in the cooperation between the public and private sector in the realization of complex projects, mostly concerning development of infrastructure, is the main characteristic of present-day developing economies. The creation of new, innovative agreements is driven by the limitation of public funds and an ever-growing demand for an increase in the quality of public services. Looking upon the western economies experience alternatives to the traditional public sector procurement are identified in the public/private partnership. The public/private partnership can be seen as one component in the rearrangement of the public sector with a management culture that focuses on the citizen or customer. Also included in this are accountability for results, investigation of a wide variety of alternative service delivery mechanisms, and competition between public and private bodies for contracts to deliver services consistent with cost recovery and the achievement of value for money. The partnership can be realized through an array of models and in this paper priority is given to the DBFO (design-build-finance-operate) model, due to its importance in implementation. The DBFO model is considered to be a synonym for the public/private partnership, as it is the most suitable for complex projects and gains the most benefits.

scholarly journals Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

scholarly journals The attractiveness of public-private partnership for road projects in India

2022 ◽  
Vol 7 (2) ◽  
pp. 111-120 ◽  
Author(s):  
Mohammed Shakil Malek ◽  
Laxmansinh Zala
Keyword(s):  
Development Stage ◽  
Public Private Partnership ◽  
Public And Private ◽  
Private Partnership ◽  
Factors Affecting ◽  
The Public ◽  
The Road ◽  
Road Projects ◽  
Net Benefits ◽  
Descriptive Statistical Analysis

The objective of this paper was to have a study on the perceptions of stakeholders of Public-Private Partnership (PPP) projects for factors affecting the attractiveness of road projects in India. A questionnaire survey was conducted among major PPP project participants of Indian PPP road projects. Fifteen attractive factors were shortlisted through a literature survey for designing the questionnaire. Collected data was analyzed with factor analysis and descriptive statistical analysis. The findings resulted in three components: effectiveness of the private sector, effective time and cost management, and the public sector’s economic benefit. Eight factors were identified as highly affecting the attractiveness of PPP in Indian road projects. PPP provides ample diversity of net benefits to both the public and private sectors. During the project development stage, both sectors have to formulate decisions based on appropriate assessment criteria. Therefore, the reflection of attractive factors will assist the public-sector to select PPP in the road sector. It also helps to establish the strategy for road projects using PPP.

The Influence of Critical Success Factors on Value for Money Viability Analysis in Public–Private Partnership Projects

2017 ◽  
Vol 48 (4) ◽  
pp. 93-106 ◽  
Author(s):  
Khalid Almarri ◽  
Halim Boussabaine
Keyword(s):  
Critical Success Factors ◽  
Success Factors ◽  
Public Private Partnership ◽  
Value For Money ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Public Projects ◽  
Viability Analysis ◽  
Critical Success

Governments are increasingly entering partnerships with the private sector through the public–private partnership (PPP) model for the development of public projects. Value for money analysis is used to assess the viability of these ventures. This research aims to investigate the contribution of the PPP critical success factors to value for money viability analysis. Relevant data were collected through a questionnaire to establish the PPP critical success factors and value for money success criteria. Data were collected from 92 participants. The data obtained were analyzed using mean score, t-test, and regression analysis. The research found that government guarantees, macroeconomic conditions, shared authority between the public and private sectors, social support, and transparent procurement process contributed positively to value for money viability analysis. The results imply that practitioners should consider these key indicators for improving the value for money viability of PPP projects.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

Fostering Public-Private Partnership

2020 ◽  
pp. 237-255 ◽  
Author(s):  
Vasaki Ponnusamy ◽  
N. Z. Jhanjhi ◽  
Mamoona Humayun
Keyword(s):  
Developing Nations ◽  
Public Private Partnership ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Policy Initiatives ◽  
Digital Infrastructure ◽  
The Us ◽  
Us Government

This chapter intends to provide a review of cooperation between public and private sectors towards cybersecurity governance. With the partnership, government can have confidence towards the safety and protection of their national critical digital infrastructure. The goal of this chapter is achieved by analyzing some of the cybersecurity frameworks adopted by the developed and developing nations. The analysis is further carried out by investigating the public-private policy initiatives in their national cybersecurity framework. The chapter also investigates the effectiveness of the National Institute of Standards and Technology Cybersecurity Framework (NIST) adopted by the US government.

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