THE SUBSTANTIVE CONDITIONS OF PARTNERSHIP AGREEMENT (A COMPARATIVE STUDY) Quoted
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue issue 38 part 2, Pages 554-592
AbstractContracts of partnership are considered long-term contracts convened between the public and private sectors. In such contracts, the private contractor perform the set up, financing or maintaining infrastructures and other related services, in exchange for sums of money paid partially periodically by the public sector. The contracts are normally based on sharing the risks of project implementation between the two contracted parties. In view of the importance of these contracts, countries have initiated special legislation to regulate the provisions of these contracts and lay down the main frameworks governing them. They have been required by contractors to include them in a number of conditions, so that the parties to the contract can know their rights and obligations. For having realized the important role of partnership contracts in facing the deficit of the state's general budget, and in addition to targeting participation of the private sector in the economic and social development process in Iraq, and to initiate a legislative framework for the partnership, the Iraqi legislator has formulated a draft law (partnership between the public and private sectors) which is expected to be issued in the near future.
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