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1
Samson, Claude. « Le contrat de concession commerciale et le libre marché ». Les Cahiers de droit 21, no 3-4 (12 avril 2005) : 787–823. http://dx.doi.org/10.7202/042411ar.
Texte intégralRésumé :
This paper deals with the exclusive sale contract or solus agreement. Its first part identifies some characteristic features of this type of agreement, which quite often is not only aimed at regulating the exercise of trade, but also serves as a technique of market organization and economic power concentration. The impact of the increasing currency of such commercial practices on the free market justifies consideration of the various forms of control that can be exercised by public authorities in order to preserve free competition. Control can be achieved through the judiciary applying concepts such as public order in civil law or public policy at common law. However, in view of the courts' reluctance to interfere with such instances of private economic power and their indifference towards the economic inequities inherent in such agreements for the distributor, legislative intervention has become necessary to protect the free market. Thus the Combines Investigation Act was amended in 1976 to allow regulation of commercial practices such as refusal to deal, consignment selling, exclusive dealing, market restriction and tied selling.
2
Giacuzzo, Jean-François. « Le critère organique du contrat administratif et l’« amphibologique » notion française de concession ». Droit et Ville N° 77, no 1 (1 septembre 2014) : 279–90. http://dx.doi.org/10.3917/dv.077.0279.
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3
Lenglart, Elie. « La qualification du contrat de concession exclusive pour l’identification du juge compétent sur le fondement du droit commun (sous l’influence du droit européen) ». Revue critique de droit international privé N° 3, no 3 (2 février 2024) : 685–99. http://dx.doi.org/10.3917/rcdip.233.0685.
Texte intégralRésumé :
Il résulte de l’article 46 du code de procédure civile que, lorsqu’il n’y a ni convention internationale ni règlement européen relatif à la compétence judiciaire, la compétence internationale se détermine par extension des règles de compétence territoriale interne, de sorte que le demandeur peut, en matière contractuelle, saisir à son choix, outre la juridiction du lieu où demeure le défendeur, la juridiction du lieu de la livraison effective de la chose ou du lieu de l’exécution de la prestation de services. Une cour d’appel, qui constate qu’une société demeurait en dehors de l’Union européenne, que les livraisons successives de ses produits étaient régies par un contrat-cadre qui faisait participer une autre société à sa stratégie commerciale et imposait à celle-ci des objectifs de vente contraignants, qu’elle consentait en contrepartie à cette autre société un droit personnel exclusif de distribution concernant le marché de l’Union européenne et de la Suisse, qu’elle s’interdisait de concurrencer cette société sur ce marché, qu’elle s’engageait à participer aux coûts de promotion et à transmettre à celle-ci toutes les commandes ou demandes de renseignements qu’elle recevait d’acheteurs des territoires concernés et que ces avantages avaient une valeur économique pouvant être considérée comme constitutive d’une rémunération, en déduit exactement que le contrat portait sur une prestation de services et que le lieu de son exécution se situait en France, de sorte que les juridictions françaises étaient compétentes.
4
Štemberger, Katja. « Legal Dilemmas in the Field of Granting Concessions in Slovenian Law and Some Solutions in Comparative Law ». Hrvatska i komparativna javna uprava 22, no 1 (2 mai 2022) : 37–66. http://dx.doi.org/10.31297/hkju.22.1.5.
Texte intégralRésumé :
In Slovenian law, the granting of concessions is governed by a number of (general and special) laws, which are supplemented by the Public-Private Partnership Act (PPPA) as a systemic law for the granting of concession to public-private partnerships regardless of the value of the concession, as well as the Act on Certain Concession Contracts (CCCA), which is the basic regulation for the award of construction concession and service concession contracts falling within the scope of the Directive 2014/23/EU. The CCCA is primarily used in relation to other regulations. Regardless of special law provisions, the provisions of the CCCA should be applied in the procedure of granting concessions that simultaneously meet the criteria for concession contracts from the scope of the Directive 2014/23/EU, and special law provisions should be applied only if they do not contradict the CCCA (reverse rule lex specialis). The complexity of the procedure for granting concessions in Slovenian law is thus reflected in the need to combine the use of different regulations, which frequently regulate the same issues in completely different ways, introducing confusion into the legal order. As an example, the author highlights differences in the legal nature of the act on concessionaire selection and, as a result, legal protection against decisions in concessionaire selection procedures, and discusses some specifics that apply to concessions for social and other special services. In addition to the provisions relating to the concession award procedure, there are other inconsistencies between the CCCA and sectoral regulations concerning the implementation of the concession contract. In view of all the shortcomings, the author implies that the Slovenian legislator should either adjust the sectoral regulations to the CCCA regulations or adopt a single procedural law that would apply to all concessions, with specific (stricter) rules applicable to concessions above the relevant value threshold.
5
Pivatto, Douglas, Rodrigo Nobre Fernandez, Helton Saulo et Andre Carraro. « Estimating the Optimal Time for a Road Concession Contract in Brazil ». International Journal of Economics and Finance 9, no 12 (2 novembre 2017) : 44. http://dx.doi.org/10.5539/ijef.v9n12p44.
Texte intégralRésumé :
Brazil has one of the largest road networks managed under concession contracts in the world. The concessions of the Federal Concession Program are divided into three stages. The main aim of this research was to identify critical successful contracts from the Third Stage of the Concession Program. The methodology adopted follows the model proposed by Ng et al. (2007). This model verifies the probability at which the project will be successfully run within the term contract. The results showed a discrepancy between the time contractually agreed and the one simulated by the model for two of the seven contracts signed in the Third Stage of the Concession Program.
6
Carbonneau, Real, Rustam Vahidov et Bo Yu. « Concession crossover in electronic negotiations ». Control and Cybernetics 50, no 1 (1 mars 2021) : 51–67. http://dx.doi.org/10.2478/candc-2021-0004.
Texte intégralRésumé :
Abstract Negotiation is a joint decision making process involving making concessions by the parties. Concession-making may involve giving up negotiator’s utility and is an essential activity in the negotiation process. In the past it has been suggested by some authors that negotiators utility functions over the issues may not be linear. In this case, a phenomenon called “concession crossover” takes place, in which a negotiator may switch issues on which they choose to make concessions at some point in negotiations. This work sets to investigate the validity of such claims. To this end we introduce several concession-making models and use them for testing hypotheses. We have used a dataset from online negotiation experiments featuring a contract-signing case. The results support the claim that concession crossover does indeed occur.
7
Galkina, Natalia P. « Experience of linguistic research of the word правда as a syntactic word in the Russian language ». Vestnik of Kostroma State University 28, no 1 (20 avril 2022) : 134–38. http://dx.doi.org/10.34216/1998-0817-2022-28-1-134-138.
Texte intégralRésumé :
The article analyses syntactic constructions in which the word правда functions as a service word. The constructions under consideration include this word either as a word-conjunction, a conjunction combination in a complex sentence, or as an introductory word in a simple or parceled sentence, indicating different shades of the meaning of concession. The structural component, which includes the word правда as part of a complex sentence, in addition to self-concessive relations, can express comparative, concessive-restrictive, adjunctive-restrictive relations, which are the constituents of the semantic field of concession. On various examples it is shown that the syntactic qualification of the word правда is not stable and can vary with a preponderance either towards that of a linking word or an introductory word, however, also indicating the concessive semantics of the construction. The syntactic conditions of the word правда such as the combination with a contrast conjunction or particle, as well as the contact location of this word between the parts of a complex sentence or a separate sentence, when parceling occurs, indicate its syntactic function as a marker of concessive relations. An attempt of transforming the syntactic structure of the sentences under analysis in order to achieve their equivalent machine translation has been made.
8
Musi, Elena. « How did you change my view ? A corpus-based study of concessions’ argumentative role ». Discourse Studies 20, no 2 (13 novembre 2017) : 270–88. http://dx.doi.org/10.1177/1461445617734955.
Texte intégralRésumé :
In everyday communicative arenas, we engage in critical discussions to persuade others to change their views about issues of personal as well as public interest. Discourse analysts have deemed concessions as privileged strategies to manage disagreement and reach consensus. However, a coherent and comprehensive account of the argumentative functions played by different concessive relations is lacking: do concessions always bear an argumentative role? By which semantic and pragmatic properties? What type of argumentative moves do they instantiate? To answer these questions, we propose a corpus-based study of lexical markers of concessions in the subreddit Changemyview. Drawing from a multilevel semantic and pragmatic annotation, polysemous markers with contrast are disambiguated, and an empirically motivated typology of concessive relations is proposed. The results of the analysis highlight two types of concessions that are specialized in introducing and/or preventing counterarguments.
9
Siu Lam, Carlos, et Dulce Lopes. « Macao Gaming Concession System : Present and Future Direction ». Journal of Gambling Business and Economics 13, no 2 (11 décembre 2020) : 15–36. http://dx.doi.org/10.5750/jgbe.v13i2.1812.
Texte intégralRésumé :
Macao gaming concession is about to expire in June 2022, and such issues as the number of concessions and contract period have attracted much attention. This article introduces the evolution of Macao gaming system with emphasis on its concession duration, legal limit on the number of concessions, asset disposal and tax rate. As a result of its gaming liberalization, Macao has developed into the world’s casino capital. The gaming situation in Macao and in the gaming jurisdictions nearby is different from what it was twenty years ago. Although the current law requires a new public tender for awarding concessions, the increased number of gaming jurisdictions to target Macao would entail adjustment in its public policies to keep its gaming industry competitive. Additionally, the evolution of the relevant public policies and their interactions with touristic, infrastructural, environmental and urban planning policies would likely lead to some changes in the core of the current Macao gaming legislation. The authors indicated that the emergence of subconcessions and satellite casinos, the fractioning of spaces and utilities by different entities regarding asset reversion to the government, and the relationship between concessionaires and junket operators are some major issues, which require an improved legal framework designed to react expeditiously and effectively to the fast-moving industry for a sustained and consistent upward regulatory trajectory. Following this, revising and improving the current concession model would be crucial, even though it implies changes to the core of the current Macao gaming legislation.
10
Mezak, Vlado, Alen Jugović, Donald Schiozzi et Filip Vice Lapov. « Issues in Determining the Real Value of Concession Fees When Granting Concession for Commercial Use of Maritime Domain ». Pomorstvo 33, no 2 (19 décembre 2019) : 255–63. http://dx.doi.org/10.31217/p.33.2.17.
Texte intégralRésumé :
This paper analyzes the legislation related to concessions on maritime domains and indicates the need to adjust certain legal provisions to improve the quality of the concession granting procedure. The object of this paper is to indicate the issues in determining the real value of a concession fee in the process of preparing a feasibility study for granting the concession, and to give a scientific contribution by proposing procedures and measures, which can enable setting more precise concession fee values. Using the methods of comparison, analysis, and synthesis, authors prove that in the process of preparing a feasibility study for granting the concession it is not possible to assess the real value of the concession and concession fee with certainty, as it is necessary to estimate economic sizes in the long term. Each concession contract, lasting longer than five years, should be subject to a peer review owing to changes in economic, political, demographic, and other indicators, and if necessary, the value of concession fee should be adjusted accordingly. The authors explain the stated imprecision in the estimate of economic indicators by the index of uncertainty of economic policies, and with the inability of long-term forecasting of potential economic crises.
11
Mattos, César Costa Alves de. « Road Infrastructure in Brazil and regulatory economic incentives ». RDAI | Revista de Direito Administrativo e Infraestrutura 2, no 5 (30 juin 2018) : 49–76. http://dx.doi.org/10.48143/rdai/05.ccam.
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This article assesses the regulatory economic incentives established for the road concession sector in Brazil. Incentives are linked to the scope for “renegotiation” of tariffs and duties to which the company subject to regulation committed, mainly the investment schedule. In Brazil, all renegotiations are based on the maintenance of the economic and financial balance of the concession contract (EFECC). The Brazilian legislation has some basic principles for the EFECC, but most of the main guidelines are currently described in the concession contracts. In the case of road concessions, there have been remarkable advances in the design of the EFECC in the contracts between 2009 and 2013, making renegotiations more transparent than before. Road contracts are becoming more “complete” than they used to be because there is an attempt to describe all risk allocation of the concession. This reduces the scope for opportunistic behavior and bad renegotiations from both parties, the concessionary and the regulator/public sector.
12
Aksiutina, A. V., et A. Yu Koptiaieva. « COMMERCIAL CONCESSION CONTRACT ». Comparative-analytical law 4 (2019) : 88–91. http://dx.doi.org/10.32782/2524-0390/2019.4.21.
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Robaldo, Livio, et Eleni Miltsakaki. « Corpus-driven Semantics of Concession : Where do Expectations Come from ? » Dialogue & ; Discourse 5, no 1 (12 décembre 2014) : 1–36. http://dx.doi.org/10.5087/dad.2014.101.
Texte intégralRésumé :
Concession is one of the trickiest semantic discourse relations appearing in natural language. Many have tried to sub-categorize Concession and to define formal criteria to both distinguish its subtypes as well as for distinguishing Concession from the (similar) semantic relation of Contrast. But there is still a lack of consensus among the different proposals. In this paper, we focus on those approaches, e.g. (Lagerwerf 1998), (Winter & Rimon 1994), and (Korbayova & Webber 2007), assuming that Concession features two primary interpretations, "direct" and "indirect". We argue that this two way classification falls short of accounting for the full range of variants identified in naturally occurring data. Our investigation of one thousand Concession tokens in the Penn Discourse Treebank (PDTB) reveals that the interpretation of concessive relations varies according to the source of expectation. Four sources of expectation are identified. Each is characterized by a different relation holding between the eventuality that raises the expectation and the eventuality describing the expectation. We report a) a reliable inter-annotator agreement on the four types of sources identified in the PDTB data, b) a significant improvement on the annotation of previous disagreements on Concession-Contrast in the PDTB and c) a novel logical account of Concession using basic constructs from Hobbs' (1998) logic. Our proposal offers a uniform framework for the interpretation of Concession while accounting for the different sources of expectation by modifying a single predicate in the proposed formulae.
14
Mužina, Aleksij. « The Problem of the Admissibility of Modifications to Public Procurement (and Concession Contracts) ». Lex localis - Journal of Local Self-Government 20, no 3 (21 juin 2022) : 685–714. http://dx.doi.org/10.4335/20.3.685-714(2022).
Texte intégralRésumé :
The central part of the scientific article is the analysis of the problem of the admissibility of modifications of public procurement contracts and concession contracts. After the awarding of a concession or a public procurement contract, these may not be substantially changed by an agreement between the contracting authority and the successful tenderer. The research is initially focused to an analysis of the development of the legal institute in the case law of the Court of Justice and its transposition into secondary legislation of the European Union. This is followed by a comparison of the regulation in the acquis communautaire with the regulation in Slovenian positive law. The problems of the admissibility of modifications to public procurement contracts/concessions (this is the central part of the article) should be supplemented by formulating a thesis on the possible extension of comparable standards of interpretation of admissibility from the contractual (implementation) to the tendering stage of public procurement/concession.
In this scientific paper, I therefore point out (which was the purpose of the scientific paper) the hypothesis that all modifications in public procurement procedures and concession award procedures must be treated equally, regardless of the stage a relationship creation or implementation process. A different position would be administrative and contrary to the necessary functional interpretation of EU law. The modification cannot becomes admissible at the time of the conclusion of the contract, while prior to that, this modification (which would already form part of the contractual relationship) is not admissible.
15
Čulík, Kristián, Karol Hrudkay, Alica Kalašová, Vladimíra Štefancová et Eva Nedeliaková. « Impact of Technological Changes and Taxi Market Regulation on the Taxi Vehicle Fleets—The Case Study of Slovakia ». Vehicles 4, no 4 (15 octobre 2022) : 1158–75. http://dx.doi.org/10.3390/vehicles4040061.
Texte intégralRésumé :
This paper aims to analyze the recent development of taxi services in Slovakia on two levels. The first is the area of technological change, which includes the use of digital platforms for the closing of the contract between the passenger and the taxi operator. The second level of perspective is the legislative change. Commonly used taxi digital platforms (applications) have started to require a taxi concession from self-employed drivers, and many other requirements. We will also analyze the issue of value-added tax. This article processes quantitative data on the number of valid taxi concessions. The data were obtained from the unified information system in road transport and supplemented with other statistical inputs. The article describes the distribution of more than 6819 issued concessions in individual regions and analyzes 12,477 taxi vehicles registered in these licenses for operating a taxi service. This article also includes the numbers of performed technical and emission inspections of taxi vehicles. With these data, it is possible to prove a sharp increase in interest in the concession due to the introduction of digital applications. A significant change in business conditions in this area can lead to an increase in the number of businesses by 70% in larger cities, while the issue of sustainability is questionable. In the last part, the article also deals with the issue of electromobility, and environmental aspects connected with taxi legislation changes.
16
Лапоног, Даниїл В. « СИСТЕМА КОРПОРАТИВНОГО УПРАВЛІННЯ РОЗВИТКОМ ІНФРАСТРУКТУРНО-СЕРВІСНИХ ПІДПРИЄМСТВ ». Bulletin of the Kyiv National University of Technologies and Design. Series : Economic sciences 153, no 6 (4 juillet 2021) : 15–22. http://dx.doi.org/10.30857/2413-0117.2020.6.2.
Texte intégralRésumé :
The paper offers practical recommendations for improving the mechanisms of public-private partnership in the form of a concession. Within the scope of this study, a concession is viewed as a relationship framework in which to attain socially significant goals, the government or a municipal unit transfers to the concessionaire (natural or legal entity) the right to perform on a contractual basis some of its functions to possess, use, and under specific conditions, to dispose of public or municipal property. These relationships are valid during the concession agreement period. Guarantees to private investors in the area of PPP and infrastructure concessions have been adapted according to the current Ukrainian legislation. The concessionaire’s business guarantees include: prospects for ownership rights acquisition for property outside highway lanes; a possibility of resolving disputes in the International Arbitration Court, a possibility to launch a project company for specific project realization (a special purpose vehicle, SPV. It is argued that providing guarantees for concessionaire investment returns is paramount. The above guarantees should cover a restraint on concessionaire’s property and assets forced alienation; the principle of non-interference in the concessionaire’s business; guarantees of reimbursement by the grantor of all investments made by the concessionaire (in case of contract termination due to the grantor’s fault); envisaged norm according to which the fare is fixed at an investment-based rate that ensures compensation of the concessionaire’s expenses. The implementation of concession relationships pattern in the transport infrastructure of Ukraine has contributed to outlining the key prospects for its development and enhancement, in particular through compliance with the following principles: application of legislation in force at the time of concluding a concession agreement; imposing a legislative ban on changes related to running concession business; guarantees of concessionaire’s loss coverage caused by government authorities’ decisions that breach the concessionaires’ rights.
17
Meka, Elvin. « Fiscal stamps’ concession – between high costs and absent economic logic ». Economicus 21, no 2 (2022) : 144–59. http://dx.doi.org/10.58944/imff4165.
Texte intégralRésumé :
The fiscal stamps’ concession for excise -taxed and pharmaceutical products is part of a long list of many PPPs and other concessions, granted and approved by Albanian governments, over the years, whose purpose is to free the government and state entities from providing services and investments in different sectors of the economy.Beyond being a normal practice in many European countries and also in the region, this concession, approved since 2011, is almost unique and unusual, in terms of printing and selling price for fiscal stamps by SICPA, the concessionary company, where practically these prices are up to 7-10 times more expensive than the respective ones applied in other European countries and in the region, even by the same concessionary company. Despite this, such a concession applies a primitive technology for the production and printing of (domestic and imported) beer tax stamps, which does not justify the price of the stamp, furthermore, is senselessly burdening the cost of producers and importers, as well as the final consumer, in the domestic market. This concession remains unprecedented, as it imposes a fiscal stamp on beer as well, a practice not implemented in Europe, by burdening, without an economic logic, all the operators who produce and trade beer, as well as the final consumer in the domestic market. Given the fact of the lack of a deep analysis on the benefits and successes of the fight against fiscal evasion from trade of excise – taxed goods and, moreover, of the lack of a clear comparative analysis between the advantages and essential improvements, such a concession brought to the national economy, public finances and the consumer of the Albanian producer, but also through the analysis made with regard to the economic & financial indicators and the costs of the Albanian producers and consumer, the paper comes to the conclusion that this concession, in its closing stage, should be deeply revised, probably being temporarily offered by the government and then negotiated with more favorable terms and prices than the current ones and comparable to other countries in the region and Europe. Also, the government should be attentive to the concerns of beer producers and importers and the unjustifiable costs on final consumer. Moreover, it must clarify and specify, from a legal point of view, the possible consequences, or “gaps” of the concession contract with SICPA company, related to its international arbitration proceedings.
18
Sudžuka, Emir, et Irfan Osmanović. « Concession contract in Bosnia and Herzegovina : Introducing the World Commerce & ; Contracting Principles in the concession contract ». Journal of Strategic Contracting and Negotiation 5, no 4 (décembre 2021) : 235–46. http://dx.doi.org/10.1177/20555636221090207.
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Recent years have seen a surge in popularity of concession projects, particularly in certain sectors such as energy, mining, and geological explorations. These projects are not only significant and beneficial for the investors, but they are also boosting local economies. The very foundation of such projects is the concession contract (CC)—contract with both public and private law elements determining the relations between the state organ issuing the concession and the private entity. This paper will focus on the case of Bosnia and Herzegovina (B&H) where CCs are often unbalanced and commonly unilaterally designed by the state party that dictates all of its provisions. Consequently, the private party is placed in a difficult, take-it-or-leave-it situation if it does not want to accept the CC as drafted by the state party. Potential steps toward the implementation of World Commerce & Contracting Principles (WCC Principles) in the CCs in B&H shall be presented, along with their predictable benefits and likely impact on the shortening and balancing the process of negotiating the CC in B&H.
19
Opawole, Akintayo, et Godwin Onajite Jagboro. « Factors influencing the scope of private party’s obligations in concession-based PPP projects in Nigeria ». Structural Survey 34, no 3 (11 juillet 2016) : 297–314. http://dx.doi.org/10.1108/ss-01-2016-0003.
Texte intégralRésumé :
Purpose – Little success had been recorded on concession-based public private partnership contracts in Nigeria for reasons attributable in part to poor assessment of the socio-cultural and economic factors that contribute to the parties’ costs while preparing contract packages. The purpose of this paper is to assess the factors which significantly influence the private party’s obligations and costs in a concession-based contract thereby enhancing the robust assessment of contract packages when bidding by private investors. Design/methodology/approach – The assessment was based on primary data obtained through questionnaire survey. Structured questionnaire was administered on professionals comprising architects, estate surveyors, quantity surveyors, engineers and builders, accountants/bankers/economists and lawyers who had been involved in concession-based contracts in the Southwestern Nigeria, selected using respondent-driven sampling approach. Factors evaluated were those identified through in-depth literature review and brainstorming of those pertinent to concession transaction in Nigeria. Data collected were analysed using descriptive statistics including mean, relative significance index, impact weighting and factor analysis. Findings – Significant factors that influence private party’s cost were found to be political interference, delay in land acquisition, variation to the contract and non-availability of supportive infrastructure. Originality/value – Findings provided information for structuring concession contract for effective management of country-specific characteristics in concession contract. The understanding of the factors that affect private party’s obligations and costs would guide effective assessment of concession contract in developing economies by foreign investors. Moreover, the study provided implication for the understating of country-specific factors affecting concession contract in Nigeria which would contribute to robust assessment of contract packages when bidding by private investors.
20
Štemberger, Katja. « Public and Private Law Aspects of Breach of the Concession Contract in Slovenian Law ». Hrvatska i komparativna javna uprava 23, no 2 (20 juillet 2023) : 241–71. http://dx.doi.org/10.31297/hkju.23.2.3.
Texte intégralRésumé :
Breach of the concession contract is governed by the provisions from the field of concession relations and by the rules of the law of obligations. However, the rules of the law of obligations apply only mutatis mutandis. A concession contract is an administrative contract that is characterised by the fact that the parties must always pursue a public interest, which generally prevails over other contractual interests. Thus, it may happen that continued fulfilment of the contract is still in the public interest despite the breach. Slovenian law is often not adapted to the special nature of the concession contract. Regulations in the field of concession relations restrict the rescission right of the concessionaire only to certain cases and do not offer it generally for all concession contracts, which may jeopardise the principle of continuity of the performance of the public service. On the other hand, the grantor may rescind the contract, revoke the concession, and in some cases terminate it in accordance with the EU law due to the concessionaire’s breaches. However, the rules often do not establish a clear boundary between these sanctions, which creates legal confusion. The intertwining of public law and private law elements of the concession contract is also typical for the assessment of damages liability. If the damage is the result of (unlawful) public authority actions by the grantor, such liability must be assessed in accordance with the rules on State liability for damages due to unlawful conduct, even if the conduct also constitutes breach of contract. The consequences of breach of public law acts by the concessionaire are not generally regulated in Slovenian law. If such a breach does not also constitute breach of contract, the grantor has the right to compensation only if the sector law so stipulates
21
Salkie, Raphael, et Sarah Louise Oates. « Contrast and Concession in French and English ». Languages in Contrast 2, no 1 (31 décembre 1999) : 27–56. http://dx.doi.org/10.1075/lic.2.1.04sal.
Texte intégralRésumé :
The discourse markers but and although are similar but not identical in meaning. We investigate the relationship between them using data from the INTERSECT translation corpus. A collection of cases are examined where although corresponds to French mais. In order to explain the correspondences we draw on Rhetorical Structure Theory (RST). By organising RST relations in a hierarchy, and adding a new relation to the inventory of RST relations, we can give a systematic explanation of the relationship between contrast and concession.
22
Mentuh, Nataliia. « Legal nature of commercial concession contract (franchising) ». Aktual’ni problemi pravoznavstva 1, no 1 (2023) : 47–53. http://dx.doi.org/10.35774/app2023.01.047.
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Duarte, Isabel Margarida, Alexandra Guedes Pinto et Sónia Valente Rodrigues. « Contraste, concessão e contra-argumentação em textos académicos uma análise exploratória ». Linguística : Revista de Estudos Linguísticos da Universidade do Porto 2 (2022) : 149–76. http://dx.doi.org/10.21747/16466195/ling2022v2a7.
Texte intégralRésumé :
The present study takes an integrated approach of grammatical elements and structures from the perspective of their functioning in texts/discourses. It focusses the semantic-pragmatic and argumentative-discursive values of utterances represented by the conceptual scheme Yes... But..., in academic writing, in particular master’s theses and reports. Its object are discursive sequences with a composite argumentative movement comprising concession and contrast /counter-argumentation. From a wide universe of works, made up of final reports from FLUP Master’s students, from the years 2020-2022, five works were selected in which the discursive sequences in focus frequently occur. The set of clipped sequences constituted the corpus of this study. After the theoretical framework, an exploratory analysis of qualitative and interpretative nature was carried out, based on procedures such as: the segmentation of utterances with movements of concession and contrast, starting from the identification of linguistic elements related to the conceptual scheme Yes..., But...; the categorization and description of these segments, taking into account syntactic-semantic and pragmatic-discursive dimensions; the comparison of the values displayed by the sequences of the different categories; the explanation of the occurrences in the academic genre in question; the articulation of the linguistic elements with the enunciative, interactional and contextual dimensions of discourse production. The results show that contrastive constructions, such as adversative and concessive, acquire, in discourse, very similar semantic-pragmatic and discursive-argumentative functions, serving to mark mitigated discordant polyphony and a confrontational strategy that combines agreement (even if partial) with disagreement, a strategy that proves to be particularly appropriate in the discursive genre under analysis. They also demonstrate that this movement is present in academic works with higher classifications, in the final assessment of the course, working as evidence of the author’s capacity for problematization and critical, divergent thinking. In this way, it may come to function as a specific marker to improve the academic writing competence.
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van der Meer Simo, Alexander. « Livelihood Impacts of Plantation Forests on Farmers in the Greater Mekong Subregion : A Systematic Review of Plantation Forest Models ». Forests 11, no 11 (31 octobre 2020) : 1162. http://dx.doi.org/10.3390/f11111162.
Texte intégralRésumé :
Background and Objectives: Plantation forests remain a highly contested element of rural development. Successive reviews of large-scale plantations established under land concessions identify predominantly negative impacts on local farmers’ livelihoods. Although concession models of plantation development have been common in the global South, other models characterised by different forms of land tenure, labour arrangements, and plantation design have also emerged. The impacts of these models on the livelihoods of local farmers are likely to be more varied. This paper presents the results of a systematic review on the impacts of different models of plantation forests on the livelihoods of local farmers in the Greater Mekong Sub-region. Materials and Methods: Seventy-two of more than 1000 publications were identified as meeting review criteria and were assessed systematically to identify how plantation forests impacted on the natural, financial, human, physical, and social assets of proximate rural communities. Plantation models included: state forest plantations; land and land-sharing concessions; land purchase programs; and “enrolled”, contracted, and independent smallholders. Results: The results confirm those of earlier studies that land concessions delivered lasting livelihoods benefits only to few communities. A small number of positive examples among these cases demonstrate, however, that these plantation models are not necessarily detrimental to local livelihoods. Other plantation forest models, based on contract farming, land purchase, and independent smallholders have generally brought economic benefits to local people, although differentially. Research Highlights and Conclusions: Overall, this review suggests that plantation forests are not inherently positive or negative for local livelihoods, and all plantation models have the potential to contribute positively to local livelihoods. Future research on this topic needs to adopt more holistic livelihoods perspectives.
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Khutoretskii, Alexander, et Vladimir Nefedkin. « Two-parametric game-theoretic model of concession in communal heating ». Journal of Corporate Finance Research / Корпоративные Финансы | ISSN : 2073-0438 14, no 1 (19 juin 2020) : 55–68. http://dx.doi.org/10.17323/j.jcfr.2073-0438.14.1.2020.55-68.
Texte intégralRésumé :
In this study, we propose to model the operation of a service concession arrangement in the economic area of municipal heat supply utilities. We offer a scheme of interaction between the concedent and concessionaire in this concessionary arrangement. Currently, the existing regulations regarding the temperature of coolant focusses on the daily average outdoor temperature, and the determination of a “normative” demand for heat energy. On any day of the heating period, this demand is a random variable, whose distribution can be described through the distribution of daily average air temperature.
In our model, heat energy is paid for at a fixed price, and the concessionaire pays a penalty for each unit of unsatisfied normative demand. The price and penalty values are the concession parameters, and are determined by the concedent. The concedent’s goal is to minimise the thermal energy cost; the concessionaire’s purpose is to maximise profit. The interaction is formalised as a two-move game model. First, the concedent determines the price and the value of the penalty. Then the concessionaire selects the capacity to be created. The concession’s parameters should be set so that the individual rationality and incentive compatibility conditions are met.
Our results prove the existence of Stackelberg equilibrium, and we derive the relevant formulas for computing its parameters. In equilibrium, the optimum capacity for the concessionaire provides a sufficient probability of meeting demand. The price of thermal energy is minimal under this condition. We also formulate a one-parameter model (thermal energy price as a parameter), which is based on a typical concession scheme. In the two-parameter model, the equilibrium capacity and price do not exceed the corresponding parameters of the one-parameter model. The main advantage of the two-parameter model is an “embedded” economic mechanism that prevents the concessionaire’s opportunistic behaviour. By contrast, in the one-parameter model there is no such mechanism.
The proposed approach can be applied to a concession for the production of any good or service, provided the concerned parties are interested in the availability and reliability of meeting a corresponding need, which may be described as a random variable. However, typical concession schemes do not penalise unsatisfied demand, so the implementation of our two-parametric model is possible only after modification of the pertinent concession legislation.
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Henderson, Richard I. « Contract Concessions : Is the Past Prologue ? » Compensation & ; Benefits Review 18, no 2 (avril 1986) : 17–30. http://dx.doi.org/10.1177/088636878601800202.
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Lenz, Carlos Eduardo Thompson Flores. « Contrato Administrativo - Concessão - Transação ». Revista de Direito Administrativo 230 (19 février 2015) : 392. http://dx.doi.org/10.12660/rda.v230.2002.46353.
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Tacito, Caio. « Contrato de concessão - Legalidade ». Revista de Direito Administrativo 238 (28 janvier 2015) : 475. http://dx.doi.org/10.12660/rda.v238.2004.44240.
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Tacito, Caio. « Contrato de concessão - Legalidade ». Revista de Direito Administrativo 242 (14 janvier 2015) : 357. http://dx.doi.org/10.12660/rda.v242.2005.43103.
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30
Divljak, Drago. « Changes to the concession contract in the European Union law ». Zbornik radova Pravnog fakulteta, Novi Sad 55, no 4 (2021) : 1025–43. http://dx.doi.org/10.5937/zrpfns55-35433.
Texte intégralRésumé :
The subject of legal analysis in the paper is a narrow, but very important and specific legal segment, namely the change of the concession contract during its validity. The consideration is based on the analysis of the relevant EU law, with the appropriate use of practice of the Court of Justice of the EU. The ultimate goal was to evaluate the situation of the current EU law, both at the conceptual plan, and in details. The emphasis was in the nature, scope and conditions for changes to the contract and their implications. The paper concludes that the legal regulating of the changes to the concession contract is not an easy task for the regulator. In particular having in mind that this contract cannot be seen only through the prism of internal legal relations between the concession participants, without implications for the third persons and other interests. In such a context the optimum regulating of changes to the concession contract requires a layered legal architecture, mutually coherent, sufficiently clear and predictable, and yet relatively flexible. In that respect, the Directive 2014/23EU, manages to meet the given requirements up to the highest extent in methodological sense and both in terms of regulating and in terms of content. However, due to its generality, most of the given regulation will require specifying through national regulations in the EU Member States, and primarily in the practice of the Court of Justice of the EU. This primarily refers to significant changes to the concession contract.
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Miranda, Nicholas. « Concession Agreements : From Private Contract to Public Policy ». Yale Law Journal 117, no 3 (1 décembre 2007) : 510. http://dx.doi.org/10.2307/20455800.
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Belousov, V. N. « Contract of a Commercial Concession in Russian Law : Issues of Theory and Practice ». Siberian Law Herald 1 (2021) : 31–37. http://dx.doi.org/10.26516/2071-8136.2021.1.31.
Texte intégralRésumé :
The article is devoted to the analysis and resolution of problems arising during the conclusion and execution of a commercial concession agreement. The article substantiates the consideration of a commercial concession agreement as an independent type of civil contract. The criterion for the independence of this type of agreement is the presence of its own subject matter (the rightholder performing actions to grant the user the right to use a set of exclusive rights), as well as othertractors are differentiated. It is concluded that quality control of goods (works, services) produced (performed, rendered) by the user must be considered as a duty of the copyright holder, which cannot be excluded by agreement of the parties. The reasons for the absence of the legal obligation of the copyright holder to offer the user to conclude a contract for a new term are established. Special rules on termination of a commercial concession agreement are studied. The cases for motivated and unmotivated unilateral refusal of the contract are named. Specific proposals have been developed to improve the rules on a commercial concession agreement.
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Štemberger Brizani, Katja. « Changed Circumstances and Concession Contracts : Slovenian Law in a Comparative Perspective ». Anali Pravnog fakulteta u Beogradu 71, no 4 (20 décembre 2023) : 669–94. http://dx.doi.org/10.51204/anali_pfbu_23402a.
Texte intégralRésumé :
In Slovenian law concession contracts are subject to both the public law and private law regime of changed circumstances. The former applies only to certain concession contracts, while others are subject to the general rules of the law of obligations. However, these rules are not adapted to features of concession contracts as they only give the affected party the right to request the rescission of the contract, but not its modification, unless otherwise agreed in the contract. This is not in line with the principle of continuity of public service and the protection of the public interest. In addition, the private law regime is not adapted to the concession award procedure, as it allows only reference to changes in circumstances that occur after the contract is concluded, but not after the binding tender is submitted, meaning that the tenderer bears a disproportionately higher burden of the risk than the grantor.
34
Wieloński, Michał. « Kluczowe problemy prawne projektu dyrektywy w sprawie udzielania koncesji ». Przegląd Europejski, no 1-2014 (29 juin 2014) : 8–12. http://dx.doi.org/10.31338/1641-2478pe.1.14.1.
Texte intégralRésumé :
Article deals with the most important legal issues in the directive on the award of concession contracts using the legal dogmatic method and tools taken from the Austrian school of economics. Author attempts to determine the effectiveness of the proposed legal solutions. The general finding is that the proposed solutions are inefficient, because the law cannot replace the natural tendency of the owner to optimally manage her assets. Solutions should not be sought in the creation of further legislation, but in the promotion of private property ownership and fundamental reduction of areas of activity of the authorities.
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Khatchadourian, Minas. « Legal Safeguards in Egypt's Petroleum Concession Agreements ». Arab Law Quarterly 22, no 4 (2008) : 387–96. http://dx.doi.org/10.1163/157302508x374410.
Texte intégralRésumé :
This article deals with the concession contracts for the exploration and the production of oil and gas in Egypt. Such tripartite contracts are concluded between the Government of Egypt (GOE) as the host country, a National Oil Company (NOC) as the concession holder and an international oil company (IOC) as the foreign contractor who receives a part of the oil or gas production on a production sharing agreement (PSA). From an Egyptian legal perspective, this contract is qualified as a State contract which is supposed to give the Government some exorbitant powers towards its counterparts. However, in order to attract foreign investors into this kind of agreement and encourage international oil companies to explore natural resources, several legal safeguards are incorporated in the concession agreement. Examples of this include placing the contract in the framework of a legislative act, granting the contract a supremacy on any contrary legislation, stabilization clause, adaptation of the contract through renegotiation, arbitration clause, etc.
36
Ginevičius, Romualdas, et Stasys Čirba. « THE CHOICE OF BUILDING CONTRACT PARAMETERS BY COMPETITION/STATYBOS KONTRAKTŲ PARAMETRŲ PARINKIMAS KONKURSUI ». JOURNAL OF CIVIL ENGINEERING AND MANAGEMENT 4, no 2 (30 juin 1998) : 143–47. http://dx.doi.org/10.3846/13921525.1998.10531394.
Texte intégralRésumé :
When implementing any project (not only in building construction), we face a perpetual problem of how to combine three essential and contradictory conditions: price, duration and quality. It is the so-called problem of golden triangle. In competitions with many participants, the winner is the contractor who makes considerable concession to the client. However, when such concessions are extremely large, the competition can be won, but the probability of contract implementation failure may greatly increase. On the other hand, in case of a higher price and duration one may yield to other competitors. Therefore the participants of a competition always encounter the problem to offer such values of the above-mentioned parameters which provide the greatest probability of winning the competion under the most favourable conditions for the contractor. In order to solve the problem, it is necessary to know the interrelations of contract parameters discussed. The analysis of data presented in some References provided the possibility to determine the dependency of the contract price on the implementation time. The investigations show that the dependency of quality is analogous with the price dependency. Having established the summary dependency of the price and quality on time, it is possible to find the change in time of contract profit amount. The analysis showed that this dependency is contrary to the above-mentioned summary dependency. By depicting in a profit way these interdependencies, it is possible to look for such values of essential contract parameters (price, duration and quality) which can ensure winning the competion and the profit planned.
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Martins, Ricardo Marcondes. « Conceito de parceria público-privada à luz da Constituição ». Revista de Direito Administrativo e Infraestrutura - RDAI 2, no 5 (30 juin 2018) : 23–47. http://dx.doi.org/10.48143/rdai/05.rmm.
Texte intégralRésumé :
A palavra “concessão”, empregada no artigo 175 da CF/88, possui um significado que foi constitucionalizado com o uso do termo. A parceria público-privada, ao pressupor um novo conceito, viola o dispositivo constitucional: trata-se de uma contrafação de contrato administrativo. O regime jurídico atribuído à parceria é, contudo, incompatível com os contratos administrativos, pois atenta contra os princípios constitucionais da licitação, da direção superior da Administração pelo Chefe do Executivo e do controle da despesa pública pelo Parlamento.
Palavras-chave:
Concessão de serviço público – Parceria público-privada – Contrafação – Concessão administrativa – Concessão patrocinada – Natureza jurídica
38
Ahlin, Janez. « Application of the Rules of the Code of Obligations for Concession Contract Relations : Concession Contract on the Boundary between the Public and Private Interests ». Lex localis - Journal of Local Self-Government 6, no 2 (2 septembre 2009) : 245–70. http://dx.doi.org/10.4335/52.
Texte intégralRésumé :
The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order.
KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations
39
황창용. « A Study on Concession Contract as Executory Bilateral Contract in bankruptcy Procedure ». SungKyunKwan Law Review 29, no 3 (septembre 2017) : 593–619. http://dx.doi.org/10.17008/skklr.2017.29.3.017.
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Kykot, P. « Subject of the agreement on the transfer of rights to use intellectual property objects in business ». Uzhhorod National University Herald. Series : Law 1, no 73 (9 décembre 2022) : 129–33. http://dx.doi.org/10.24144/2307-3322.2022.73.21.
Texte intégralRésumé :
The article examines the issue of defining the subject of a business contract in general and the problem of the subject of a contract on the transfer of rights to use intellectual property objects in entrepreneurship in particular.
It is proven that the science of economic law defines a complex subject of a business contract, this subject includes two levels. The first level is the main action aimed at achieving the purpose of the contract. The second level is the object in relation to which this action is performed.
It was found that in the norms of the Economic Code of Ukraine and the Civil Code of Ukraine, the subject of a commercial concession contract is not defined in the same way; The Commercial Code of Ukraine does not contain a specific norm regarding the subject of this contract and defines its object more broadly than the Civil Code of Ukraine. The law defines the right to use objects of intellectual property rights, commercial experience and business reputation as the subject of a commercial concession contract.
It has been proven that the subject of the commercial concession contract is complex. At the primary level, an element of the subject matter of a commercial concession agreement is the right holder's actions, which are aimed at granting the user the right to use intellectual property rights belonging to the right holder in his business activity. At the second level, the subject of the commercial concession agreement includes the right to use the object of intellectual property rights, which the right holder grants to the user and this specific object of intellectual property.
An object of intellectual property becomes the subject of a commercial concession contract due to its turnover capacity. Its marketability is manifested in the consumer value and exchange value of the object of intellectual property (private component), as well as in the presence of a legally defined legal regime of objects of intellectual property, which establishes the rules for the alienation of such objects, their circulation in commodity circulation, which ensures balance of private and public interests (public component).
41
Shen, L. Y., H. Li et Q. M. Li. « Alternative Concession Model for Build Operate Transfer Contract Projects ». Journal of Construction Engineering and Management 128, no 4 (août 2002) : 326–30. http://dx.doi.org/10.1061/(asce)0733-9364(2002)128:4(326).
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Shen, L. Y., et Y. Z. Wu. « Risk Concession Model for Build/Operate/Transfer Contract Projects ». Journal of Construction Engineering and Management 131, no 2 (février 2005) : 211–20. http://dx.doi.org/10.1061/(asce)0733-9364(2005)131:2(211).
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حازم, كيان أحمد. « (Concession and contrast) clauses in classic and modern Arabic ». Al-Adab Journal, no 117 (10 mai 2019) : 201–37. http://dx.doi.org/10.31973/aj.v1i117.444.
Texte intégralRésumé :
لا ريبَ في أَنَّ كُلًّا مِن المُفرَداتِ والتَّراكيبِ شَديدُ الأَهمِّيَّةِ، لكِن لَمّا كانَ الكَلامُ على المُفرَدات وعلى أَغلاطِ العَوامِّ والخَواصِّ فيها قَد راجَ رَواجًا كَبيرًا، وكانَ الحَديثُ في التَّراكيبِ وفي ما يَعْرِضُ لَها في الاستِعمالِ، ولا سِيَّما الأَساليبُ مِنها، أَقَلَّ وأَنزَرَ معَ أَنَّهُ لا يَقِلُّ خَطَرًا ولا أَهمِّيَّةً، بَل قَد يَكونُ أَخطَرَ وأَهَمَّ لِخَفائهِ ودِقَّتِهِ، ارتَأَيْتُ أَن يَكونَ لي إسهامٌ في إيضاحِ ما يَكتَنِفُ استِعمالَ أَحَدِ أَساليبِ العربيَّةِ المُعاصِرَةِ مِن غُموضٍ وتَفكيكِهِ بِحَيْثُ يُمَيِّزُ مُستَعمِلُهُ أَوجُهَ القُوَّةِ مِن أَوجُهِ الضَّعْفِ في استِعمالِهِ، ومَراتِبَ الحُسْنِ مِن مَراتِبِ القُبْحِ في ذلكَ، وهوَ ما أُسَمِّيهِ في بَحْثي هذا (أُسْلوب التَّرغيمِ).
وقَد جاءَ البَحْثُ في مَبحَثَيْنِ، تَسبِقُهُما مُقَدِّمَةٌ وتَعقُبُهُما نَتائجُ البَحثِ وقائمَةُ مَصادِرِهِ ومَراجِعِهِ. أَمّا أَوَّلُ المَبحثَيْنِ فيُعَرَّفُ فيهِ بِـ(التَّرغيم) لُغَةً واصْطِلاحًا، وبِصُوَرِهِ في كَلامِ العَربِ قَديمًا. وأَمّا ثاني المَبحثَيْنِ فتُسَلَّطُ فيهِ الأَضواءُ على الاستِعمالاتِ اللُغَويَّةِ المُعاصِرَةِ لِـ(أُسلوب التَّرغيمِ)، وتُوازَنُ بِما عَرَفَتْهُ العربيَّةُ قَديمًا مِمّا عُرِضَ في المَبْحَثِ الأَوَّلِ.
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Lenz, Carlos Eduardo Thompson Flores. « O contrato de concessão de serviço público ». A&C - Revista de Direito Administrativo & ; Constitucional 8, no 33 (1 juillet 2008) : 161. http://dx.doi.org/10.21056/aec.v8i33.328.
Texte intégralRésumé :
O presente artigo versa sobre o contrato de concessão de serviço público. Inicialmente o tema da concessão de serviço público é abordado diante das disposições legais e conceituais. Em seguida, são analisados alguns acórdãos que tratam sobre o contrato de concessão e o equilíbrio econômico-financeiro. Sob o enfoque da doutrina e da jurisprudência, é analisada a reversão dos bens na concessão. Aborda-se sobre a encampação como uma das modalidades de extinção da concessão de serviço público, analisando aspectos no tocante a indenização, forma de pagamento e critérios para fixação. Por fim, apresentam-se resumidamente alguns pontos principais tratados ao longo do trabalho.
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Lwando, Bridget Mwaba Theresa, et Anthony Mushinge. « Exploring Modalities Best Suited for Public Private Partnership Concession Agreements in the Education Sector of Zambia ». International Journal of Social Science Studies 12, no 2 (28 mars 2024) : 29. http://dx.doi.org/10.11114/ijsss.v12i2.6736.
Texte intégralRésumé :
The Zambian public sector has been known to face several challenges in the provision of infrastructure among others education infrastructure. Thus, the introduction of Public Private Partnerships (PPPs). In as much as the education sector of Zambia can benefit tremendously from the PPP initiative, poorly designed PPP concession agreements risk worsening existing educational sector challenges. The objectives of the paper were to establish the extent of application of PPPs in the Zambian education sector, identify the challenges surrounding concession agreements in PPPs in Zambia, and suggest the right modalities that could be applied to PPP concession agreements in the Zambian education sector. Both secondary and primary data was collected to establish that no private sector entity has had or is currently engaged in an ongoing concession with the Government in the procurement of infrastructure for schools. Challenges surrounding concession agreements in PPPs included contract misspecifications, lack of contractual flexibility, opportunistic behaviour by either party, and shielded concession agreement creation and process. In view of the foregoing, right modalities that could be applied to PPP concession agreements in the Zambian education sector include proper risk allocation, adequate concession period, clear allocation of roles and responsibilities, and inclusion of stabilization clauses.
46
Brochu, Pierre. « Le régime juridique du contrat d'approvisionnement et d'aménagement forestier ». Les Cahiers de droit 31, no 3 (12 avril 2005) : 731–67. http://dx.doi.org/10.7202/043036ar.
Texte intégralRésumé :
En décembre 1986, le Gouvernement du Québec adoptait la Loi sur les Forêts pour remplacer le régime des concessions forestières par un contrat administratif (le CAAF) qui tente d'allier pérennité de la ressource et approvisionnement adéquat de l'industrie. Dans un premier temps, l'auteur trace l'histoire législative de la gestion des forêts du Québec ; il souligne les forces et faiblesses des régimes précédents et présente le régime actuel comme étant une fusion améliorée des modes de gestion qui l'ont précédé. Dans un deuxième temps, l'auteur s'inspire des principes généraux applicables aux contrats administratifs pour analyser ce nouveau contrat.
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Hadi, Ali Hasan, et Kadhim Raheim Erzaij. « Determination a Reasonable Concession Period for (PPP) Projects ». Civil Engineering Journal 5, no 6 (24 juin 2019) : 1235–48. http://dx.doi.org/10.28991/cej-2019-03091328.
Texte intégralRésumé :
Public Private Partnership (PPP) are agreements where public bodies enter into long term contractual with private entities for construction or management the public sector facilities, or provision services to the community. Internal rate of return (IRR), pay back regime or tariff, and the concession period (CP) are essential items to success (PPP) projects. This research presents a systematic approach for a win-win partnership contract determined on a quantitative basis, by informing the partnership parties how long contract period should be made. Essence of the proposed methodology is that project completion time should allow a competent contractor to complete the project on schedule and operation period should be long enough to enable the concessionaire to achieve a reasonable return, but not too long such that concessionaire’s return is excessive and public sector’s interests are sacrificed. A case study of a PPP project in Mayoralty of Baghdad was conducted to evaluate performance of the developed mathematical models. The determined concession period (CP) has found to be approximately equal to actual concession period (CP) granted to the private sector. Evaluation shows the possibility to adopt the proposed approach to determine the concession period (CP) more effectively. Instead of opportunism policy, the proposed methodology enables local government of Baghdad province to enhance its policies of awarding the partnership projects to increase private sector participation in infrastructure development. Finally, the proposed method can be used by investment practitioners as a decision support tool for contract concession period (CP), and is worth popularizing to design the contracted concession period (CCP) for partnership projects in Iraq, and also can use as a methodology to assess the critical aspects which related to partnership projects in general.
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Sánchez Cuervo, Margarita Esther. « Contrastive relational markers in women’s expository writing in nineteenth-century English ». Language Value 16, no 1 (31 mai 2023) : 42–67. http://dx.doi.org/10.6035/languagev.7228.
Texte intégralRésumé :
This study seeks to analyse the occurrence of contrastive relational markers in a corpus of recipes called Corpus of Women’s Instructive Texts in English, the 19th century sub-corpus (COWITE19). Opposition relations, also referred to as adversative or contrastive, are usually identified with markers such as “but”, “although”, and “however”. From a semantic point of view, a classification of these relations can be established into contrast, concession, and corrective, based on their linguistic evidence, lexical differences and syntactic behaviour (Izutsu, 2008). A further rhetorical function is antithesis, presented as a consistent device possessed of a verbal, analytical and persuasive nature (Fahnestock, 1999). The analysis of these markers is made following a computerised corpus analysis methodology and tries to discern which contrastive markers are mostly employed for the instructions conveyed by females. It also shows which opposition relation is predominant, whether contrastive, concessive, or corrective and, finally, it detects antithesis as an additional opposing meaning. In all cases, the possible argumentative role of these markers is highlighted as another step in the characterisation of women’s scientific writing.
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Ariyon, Muhammad, Sukendi Sukendi, Ridwan Manda Putra, Husnul Kausarian et Bella Santika. « Comparison of oil and gas fiscal policies in Southeast Asian Countries : Indonesia, Malaysia and Brunei Darussalam ». BIO Web of Conferences 70 (2023) : 06007. http://dx.doi.org/10.1051/bioconf/20237006007.
Texte intégralRésumé :
This study's objective was to examine the comparison of petroleum management policies in accordance with the concession contract system and production sharing contract system in several countries in the Southeast Asia region. In contrast to existing research, this comparison focuses more on the countries of Indonesia, Malaysia and Brunei Darussalam, which are developing countries producing petroleum in the Southeast Asia region. Moreover, this comparative research will be used to identify the kind of oil and gas contract that will yield the highest profits for Indonesia. Since Indonesia is a developing nation that is an archipelago, it depends heavily on its oil and gas resources for foreign exchange, necessitating the creation of suitable oil and gas management laws. Comparison of oil and gas policies undertaken through interviews with oil and gas law experts and a literature review of the history of the petroleum management policies in each country. The study's findings indicate that production sharing contracts are more profitable to implement in developing maritime countries such as Indonesia, Malaysia and Brunei Darussalam compared to the concession system. This is due to the implementation of a production sharing contract system in the state has a strong position towards contractors. Apart from that, the provisions in the Production Sharing Contract also require the use of domestic labor and goods. This will definitely increase the multiplier effect and technology transfer so that Indonesia is expected to be able to compete with other countries.
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Akbasheva, Z. Kh. « About key deficiencies legislation on concession agreements ». Russian competition law and economy, no 1 (30 mars 2018) : 50–53. http://dx.doi.org/10.32686/2542-0259-2018-1-50-53.
Texte intégralRésumé :
The article gives a critical analysis of the shortcomings of the Federal Law of July 21,2005 No. 115-FZ "On concession agreements" in comparison with the comparable provi- sions of Federal Law No. 44-FZ of 05.04.2013 "On the contract system in the procure- ment of goods, works, services to ensure state and municipal needs ", taking into account the practice of concluding concession agreements in the Republic of Bashkortostan.A proposal is made to bring the legislation on concession agreements in line with general procurement legislation.