The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Legal barriers to concluding partnership agreements in municipalities from the perspective of Iranian administrative law

Document Type : Original Article

Authors
1 M.A in Public Law, University Lecturer
2 Assistant Prof., Department of Law, Faculty of Law and Humanities, Shahid Chamran University, Ahvaz, Iran
Abstract
As a public non-governmental organization, the municipality has a number of features, privileges and authorities that distinguish it from other public institutions, and today it plays a decisive role in people's lives by fulfilling its broad and diverse competencies by concluding public contracts. One of the ways to accelerate economic development and prosperity and create jobs in cities is to attract people's participation, capital and investment. In the field of urban management, the current law of municipalities sees the municipal system as a state system and only deals with the issue of tolls in municipalities. Despite the significant position of municipalities in providing public services, the status and legal framework of municipal projects in our legal system Not specified. This highlights the need to examine and explain the status and legal system of such contracts and legal barriers to their conclusion with the private sector.
In this study, while addressing the nature and characteristics of partnership contracts in municipalities, the specific obstacles, problems and challenges of this type of contracts; Existence of special municipal conditions, lack of reliable rules for participants, lack of appropriate guarantees for participants, lack of managerial stability in the municipality, lack of privileges and facilities for participation, some administrative authority in the municipality, lack of participation brigade contracts, lack of transparency in laws and Municipal regulations and the instability and predictability of the law for the private sector have been identified, although these contracts face other limitations that have been addressed in detail.
Keywords
Subjects

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Volume 2, Issue 3 - Serial Number 3
Second year, third issue, summer 2020
Summer 2020
Pages 119-144

  • Receive Date 16 July 2020
  • Revise Date 02 August 2020
  • Accept Date 03 August 2020