Administrative contracts and risk management
Protecting the co-contractor against risks in privately (pre-)financed administrative contracts
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Traditionally, the public sector is responsible for building its own infrastructure, the financing of which is the responsibility of the private sector. financing. However, budgetary constraints often require private financing. It is in this sense that the private sector plays a vital role in the realization of public projects. This has led to the doctrinal development of a new type of contract : administrative contracts with private (pre-)financing. While this form of partnership is seen as a solution for bridging the gap between the need to develop public projects and the public finance defi...
Traditionally, the public sector is responsible for building its own infrastructure, the financing of which is the responsibility of the private sector. financing. However, budgetary constraints often require private financing. It is in this sense that the private sector plays a vital role in the realization of public projects. This has led to the doctrinal development of a new type of contract : administrative contracts with private (pre-)financing. While this form of partnership is seen as a solution for bridging the gap between the need to develop public projects and the public finance deficit, its implementation is far from self-evident. Indeed, this association between the public and private sectors raises a number of important issues, including the overall stability of the contract, and in particular, the protection of private players against risks that could prevent project execution.Hence our intention, as part of our Master's 2 dissertation, to conduct a study on risk, specifically on the protection of the co-contractor against risks in privately (pre-)financed administrative contracts.
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