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La concession : éléments de renouveau d'une catégorie contractuelle

Abstract : Concession, a contract tool for economic cooperation, generates worldwide enthusiasm. The virtuous tripartite relationship it establishes between conceding authorities, economic operators and investors has widely contributed to the adoption of this originally French mechanism by various legal systems under the generic term of “public-private partnership” (PPP). The French concessive model was originally created through case law and shielded from exterior influences for a long time, though the criteria and legal regime of the French concessive model as set out by the January 29th 2016 ordinance and the February 1st, 2016 decree relating to concession contracts are being Europeanised. By crystallizing operational risk in its function as the ultimate discrimination criteria of public contract's summa divisio, the new law on concessions rattles the French concessive model's classic identification criteria. This substantial evolution of the concession's identity elements came with the renewal of its legal regime. This transformed legal environment begs a global re-read of the French concession model through the renewal of its constitutive elements and its legal regime.
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Submitted on : Friday, May 29, 2020 - 10:01:06 AM
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  • HAL Id : tel-02648627, version 1



Arthur Lilas Trimua. La concession : éléments de renouveau d'une catégorie contractuelle. Droit. Université de Poitiers, 2018. Français. ⟨NNT : 2018POIT3007⟩. ⟨tel-02648627⟩



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