MANDATORY RULES OF THE LAW ON CONCESSIONS AND PUBLIC PRIVATE PARTNERSHIP AND THE PRINCIPLE OF FREEDOM OF CONTRACTING
Journal
Eighth International Scientific Conference SOCIAL CHANGES IN THE GLOBAL WORLD
Date Issued
2021
Author(s)
Goran Koevski, Borka Tushevska, Darko Spasevski
Abstract
The Law on Concessions and Public Private Partnership contains provisions that
regulatethe relations between the public partner and the private partner. These are basically
mandatory provisions. In this regard, the party autonomy principle is quite limited. At the same
time, the Law on Concessions and Public Private Partnership refers to the complementary
application of the Law on Obligations as a lex generalislegislation. The purpose of this
paper is to analyze the degree of freedom of contracting in the contracts for public-private
partnership. This analysis will be useful in the process of negotiating and draftinga specific
public private partnership contract, which will provide appropriate guidance for the parties
how to act in that process.
regulatethe relations between the public partner and the private partner. These are basically
mandatory provisions. In this regard, the party autonomy principle is quite limited. At the same
time, the Law on Concessions and Public Private Partnership refers to the complementary
application of the Law on Obligations as a lex generalislegislation. The purpose of this
paper is to analyze the degree of freedom of contracting in the contracts for public-private
partnership. This analysis will be useful in the process of negotiating and draftinga specific
public private partnership contract, which will provide appropriate guidance for the parties
how to act in that process.
Subjects
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