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

Thierry Kirat and Frédéric Marty

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Abstract: 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.

Keywords: public-private partnerships; contractual incompleteness; information asymmetries; renegotiation; legal risk; partenariat public privé; contrat incomplet; asymétries d’informations; renégociations; risque juridique (search for similar items in EconPapers)
Date: 2017-03-31
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Published in 2017

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:halshs-01500591

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