The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

The nature of public-private partnership

Authors
Shahid Chamran University of Ahvaz
Abstract
To explain the public-private partnership matter, we have to search about the answer to this question: public-private partnership Is subject to what kind of legal contracts? private law? Administrate law? And what kind of Outstanding features make it different from other contracts. In order to find the answer, we Explained the concept of partnership, the definition of governmental contract, administrative contract, and the relation between public-private partnership and civil law contract and administrate contract. Eventually, the conclusion is that although the public-private partnership is a result of the fact that publicity of the subject and contract parties has limitations but they aren’t independent of common rules of civil law contracts. Therefore, these contracts even though aren’t Fixed contracts but they have a special feature, Medium for public contracts and private contracts.
 
Keywords

- Black's Law Dictionary (8th ed. 2004), p. 3544
- Darrin Grimsey, Mervyn K. Lewis. Public Private Partnerships the, Edward Elgar Publishing Limited.2004. P.6
- ELSPETH DEARDS, RUSSELL DEARDS, PARTNERSHIP LAW, Cavendish, London • Sydney 1999.
- Liana-Teodora. THE DISTINCTION OF THE ADMINISTRATIVE CONTRACT FROM OTHER TYPES OF CONTRACT.Vol, 2010
- Nicholas Miranda.2007 Concession Agreements: From Private Contract to Public Policy abstract. the Yale law journal.p.527-
- Public-Private Partnerships Reference Guide Version 2.0 2014
- United nation(2001)UNCITRAL Legislative Guide on Privately Financed Infrastructure Project.