عقود الشراكة بين القطاعين العام والخاص - مفهومها وطبيعتها القانونية: دراسة مقارنة

Abstract

This study tackles the legal nature of public-private partnership contracts, focusing in particular on such contracts in dual-justice system countries such as France. Ascertaining whether the nature of such contracts is either administrative or civil plays an important role when determining the applicable laws and the courts competent to hear disputes arising from such contracts. The dual-justice system approach is contrasted with the approach in countries with a unified legal system, such as the United States and the United Kingdom, where the law does not place particular importance on public-private partnership contracts. Such unified legal systems do not differentiate between the laws that apply to individual citizens and the laws that apply to the administration.