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Governance in Partnership Contracts between the Public and Private Sectors Comparative Legal Study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 10, Volume 13, Issue : 2 part 1, September 2023, Pages 255-274 PDF (734.58 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.142233.1049 | ||
| Authors | ||
| رغد خزعل عبد* 1; Ali yunus ismail2 | ||
| 1جامعة دهوك | ||
| 2Faculty of law Duhok University | ||
| Abstract | ||
| The international support for the ideas of the free economy and the abandonment of the socialist system, along with the influence of the slogans of globalization, which have cast their shadows on all economic spheres, both public and private, have led us to witness their impact on the scope of administrative contracts. These contracts have evolved from their traditional doctrinal forms to adapt to the prevailing ideas. As a result, relatively new types of contracts have emerged, in particular the public-private partnership (PPP) contract, which entails various concerns and risks for both the public and private sectors, while offering multiple and diverse benefits. The concept of the participation system is recognized as a global phenomenon in terms of its development, as mentioned in the report of the International Monetary Fund of March 2014. The most important aspect of this type of contract is the process of risk distribution, which highlights the important role of governance in activating and ensuring the success of these contracts. Effective institutional and regulatory frameworks, as well as accurate economic, technical, financial and legal studies that delineate the distribution of objectives and define interests, play a key role. Governance has become one of the most important necessities for the organization of work in both public and private institutions. It establishes the rules and principles that guide the functioning of these institutions and contributes to improving the control over the activities of both sectors, while increasing the adaptability based on this framework | ||
| Keywords | ||
| contract; ،mechanisms of governance activation; ؛; ،Public and Private Sectors | ||
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