The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Analysis of the rules governing public-private partnership agreements in domestic law

Document Type : Original Article

Authors
aria haji abolfath 1
jafar Nory Yoshanloey 2
1 Private Law, University of Tehran, Alborz Campus
2 Department of Private Law. Faculty of Law and Political Science. University of Tehran. Tehran. Iran
10.22034/mral.2022.557858.1339
Abstract
Public- Private Partnership (PPP) is a mechanism by which the private sector and the public sector work together to implement infrastructure projects and provide services. The aforementioned partnership contracts involve several risks, among which the most common and most effective risks are legal risks, based on the research conducted by the Fraser Institute in relation to the world economic freedom index, among the 14 components that consist of major problems and obstacles. were structural and executive in the field of investment, the multiplicity, instability and inappropriateness of laws are higher than other components. However, the studies show that it is possible to reduce the severity of the negative burden of legal risks governing such contracts by improving and standardizing the laws governing them, along with managing such risks with the help of conditional clauses in the contract.

Therefore, the legal risks in the laws governing the field of public-private partnership were identified in this research, which were mainly caused by the inflation of current regulations, frequent changes of laws, contradictions of laws and regulations, lack of transparency of the legal system, and legislative deficiencies. Finally, by examining the changes in the legislative system governing public-private partnership contracts, solutions were presented and suggested to manage these risks in order to guarantee efficient executions for such contracts.
Keywords
Risk
legal risk
Investment
Public- Private Partnership
Subjects
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1- Bagheri. Mahmood and Adel Ebrahimpoor Asanjan. (An Analysis of the Interactions of Accepting Liability/Compensation with Conveying it to the Insurer) Private Law Studies Quarterly 47. 2016.
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17- Shirav
The Journal of Modern Research on Administrative Law
Volume 5, Issue 15 - Serial Number 15
Fifth year, 15th issue, ّSummer 2023
Spring 2023
Pages 65-83

  • Receive Date 17 July 2022
  • Revise Date 02 September 2022
  • Accept Date 05 December 2022