The Rights and Obligations of the Parties of the Partnership Contract (PPP)
DOI:
https://doi.org/10.35246/jols.v38i1.607Keywords:
Partnership Contracts, Collective Work, Community ProgressAbstract
In the beginning, the study examined and analyzed the obligations and rights of the government partner in the partnership contract, one of the most important of which was to provide an appropriate environment that includes an organized legal framework that allows the private partner to enter into investment fields, and ensures that he obtains returns that make him desirable from the users of his services and products, and that administrative procedures are conducted in a legal way that enables the contracting partner to obtain the licenses and approvals necessary to establish and operate the project easily and smoothly, in addition to the stability of the legal legislation on the status it was in at the time of the conclusion of the contract, and one of the most important rights was the right to choose the contracting partner, and the right to censorship, whether technical or financial. Or administrative, in addition to the right of the contracting authority to amend if the interest requires it, and to impose penalties on the private partner when it is found that he has committed errors that may lead to damage to the public utility.
After that, the study dealt with the obligations and rights of the private partner in the partnership contract, one of the most important of which was the implementation of the project with the specifications and standards agreed upon in the contract, the commitment to the specified period of the contract, the commitment to the transfer of new technology and knowledge, the commitment to operating the project efficiently and continuously, and the commitment to transfer the project to the authority Contracting with all its assets. Among the most important rights of the private partner was the right to obtain cash consideration, whether financial assistance provided by the government or the provision of some services, and the right to benefit from the guarantees and incentives stipulated in the investment laws, as well as the right to ensure that the facilities and property of the project are not seized.
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