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Le contrat de PPP à l’épreuve des contentieux : Retours d’expériences sur le cas français

Listed author(s):
  • Thierry Kirat

    ()

    (IRISECREP - Institut de recherche interdisciplinaire en socio-économie - Centres de Recherches et d'Etudes Politiques - Université Paris-Dauphine - CNRS - Centre National de la Recherche Scientifique)

  • Frédéric Marty

    ()

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis - CNRS - Centre National de la Recherche Scientifique)

Public-private partnerships are characterised by specific features (duration, complexity…) favouring disputes among the two partners and with third parties in both contracting in operating stages. Mostly based on the French experience of the contrats de partenariat, this paper first investigates the disputes between the public and private partners (renegotiations and early termination cases…) before considering in a second part the litigations initiated by unsuccessful candidates or other stakeholders opposed to the project. Our contribution finally tackles the issue of the contractual provisions introduced to deal with these legal risks and presents their potential consequences for the public partner.

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Paper provided by HAL in its series Post-Print with number halshs-01500591.

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Date of creation: 31 Mar 2017
Publication status: Published in Document de travail Chaire EPPP 2017-1. 2017
Handle: RePEc:hal:journl:halshs-01500591
Note: View the original document on HAL open archive server: https://halshs.archives-ouvertes.fr/halshs-01500591
Contact details of provider: Web page: https://hal.archives-ouvertes.fr/

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